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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Earl of Selkirk, &c. v Creditors of Lidderdale. [1752] 1 Elchies 167 (26 June 1752)
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Subject_1 FRAUD.
Earl of Selkirk, &c
v.
Creditors of Lidderdale
1752 ,June 26 .
Case No.No. 29.
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In a ranking and sale where the estate was more than exhausted by real debts, the last preferable at last discovered a defect in the bankrupts own titles or infeftment which would void all the infeftments of the creditors as a non habente, upon which they entered into a compromise. They completed the bankrupts titles to make them accresce. They dropped the process, and sold the lands upon a commission from him. Now two personal creditors who had not compeared in the process adjudged and wakened it, and objected to the real creditors that their infeftments were null till they completed the common debtors titles, which ought to be reduced as done after his bankruptcy, and after the process of ranking and sale; but Drummore repelled the objection, and this day we adhered.
The electronic version of the text was provided by the Scottish Council of Law Reporting