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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Archibald Angus v Drummond. [1754] 5 Brn 826 (13 December 1754)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. Collected By James Burnett,Lord Monoboddo .
Date: Archibald Angus
v.
Drummond
13 December 1754 Click here to view a pdf copy of this documet : PDF Copy
The question here was concerning a sale of lands by an apparent heir, upon the Act 1695:—at what time the sums due to the creditors were to be accumulated, principal and interests, into one principal sum,-whether from the time of the sale, so as from that time they would be entitled to annualrents of their accumulate sum, or only from the time of the demand, so that they would only draw then the share of the price belonging to them, in the same manner as if the lands had been voluntarily sold by the heir, and the bond granted by the purchaser payable to him, and not to the creditors? And the Lords found that the first rule was to be followed: dissent. Præside et Kaimes, upon account that this was the rule followed in the sales of bankrupt estates, from which the plan of these sales upon the Act 1695 has been copied.
The electronic version of the text was provided by the Scottish Council of Law Reporting