The Sale must comprehend the Debtor's whole Estate.
Crawfurd, Petitioner
1750.
July—. Case No. No 50.
A sale approved, tho' the whole of the common debtor's estate had not been valued.
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Cochran of Ravelrig, as creditor to the deceased Laurence Crawfurd of Jordanhill, brought a ranking and sale of the estate of Jordanhill, wherein his son, Mr John Crawfurd of Jordanhill, was called and compearing. After the sale had come so far, that the lands were exposed to roup, and bought by William M'Dowal of Castlesempil, but the sale not yet approved, Mr John Crawfurd applied by petition for having the sale set aside, on this ground, that the whole of the common debtor's estate had not been valued, particularly, the superiority of the lands of Garbraid, which pay L. 5 Scots yearly of feu-duty; that although the same was contained in the summons of sale, and that the pursuer of the sale had sought and obtained a diligence for recovering the writs of the said lands, yet no notice was taken thereof, neither in the proved rental, act of roup, nor letters of publication.
The Lords, without requiring an answer, refused the petition, in respect the petitioner had been called and compearing in the sale.
There was no reasoning upon it. The interlocutor passed as a matter of course and a new proof was granted of the value of that separate subject.
Fol. Dic. v. 4. p. 211. Kilkerran, (Ranking and Sale.) No 13. p. 474.
