Form and steps of the process. Real creditors not in possession, how to be called? Creditors to bring a sale, must be in possession of the estate.
M'Gillivray, Petitioner
Date: 11 January 1750 Case No. No 18.
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Where, in a ranking and sale, access could not be had to the rights of the lands, which lay in the repositories of the deceased common debtor in his house in Inverness-shire, the Lords granted warrant for opening said repositories, &c. at the sight of the Sheriff-depute; and this they did without any further precaution, of intimating to his heir, &c.
Fol. Dic. v. 4. p. 208. Kilkerran, (Ranking and Sale.) No 11. p. 473.
