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Henry Baird, Tacksman of Egypt, and Hugh Fraser, Factor appointed by the Court of Session on the Sequestrated Estate of the said Henry Baird, v Thomas Brown, late Proprietor, and Charles Gordon, Writer to the Signet, now Proprietor of the Estate of Braid. [1772] Mor 6271 (24 November 1772)
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[1772] Mor 6271
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[1772] Mor 6271
Subject_1 HYPOTHEC. Subject_2 SECT. IX.
Whether Hypothec affected by Sequestration upon the Statutes relative to Bankruptcy.
Henry Baird, Tacksman of Egypt, and Hugh Fraser, Factor appointed by the Court of Session on the Sequestrated Estate of the said Henry Baird, v. Thomas Brown, late Proprietor, and Charles Gordon, Writer to the Signet, now Proprietor of the Estate of Braid
Date: 24 November 1772 Case No. No 70.
Sequestration awarded upon the tenant's application, in pursuance of the act 12th Geo. III. cap. 72. found to bar sequestration at the land-lord's instance, salvo tamen jure hypothecę.
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This being a question that turned upon the interpretation of the late statute, in a case where, subsequent to a sequestration of a tenant's personal estate under the authority thereof, the master had obtained a sequestration from the Judge Ordinary in security of his hypothec.
“Find the sequestration by the sheriff after the sequestration from this Court was improper; but find that the master's right of hypothec remains entire; and he may make the same effectual in the same manner as in the case of poinding.”
Act. Ja. Boswell.Alt. M'Laurin,Reporter, Gardenston.Clerk, Tait.
Fol. Dic. v. 3. p. 292. Fac. Col. No 31. p. 85.
