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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Sir Alexander Ramsay v Garden of Troup. [1753] 5 Brn 806 (6 February 1753)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by JAMES BURNETT, LORD MONBODDO.
Date: Sir Alexander Ramsay
v.
Garden of Troup
6 February 1753 Click here to view a pdf copy of this documet : PDF Copy
Upon report of the Lord Justice-Clerk, at the foot of the table, Lord Elchies gave his opinion that the price of teinds, judicially sold by a process of valuation and sale, could not be arrested in the hands of the purchaser by a creditor of the titular, because the titular still continued in the right of the teinds till he should dispone and convey them to the purchaser, as he was ordained to do by the decreet of sale; and therefore the price still continued to be heritably secured, and therefore could not be the subject of an arrestment, any more than a debt due upon a bankrupt estate can be arrested in the hands of a purchaser at a judicial sale; for it, as well as the price of the teinds, still continues heritably secured, and accordingly is conveyed to the purchaser upon payment.
The electronic version of the text was provided by the Scottish Council of Law Reporting