Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.
Subject_2 RANKING AND SALE.

Walsh
v.
The Creditors of Mr Robert MacIntosh

Date: 17 January 1777

Click here to view a pdf copy of this documet : PDF Copy

John Walsh, Esq., having obtained decreet of constitution against Mr Robert M'Intosh, advocate, and also decreet of adjudication against his estate for £30,000, and having obtained charter from the Crown and being infeft, brought a ranking of his creditors,—a sale of his estate in common form; in which process, having obtained and extracted a decreet of certification, in terms of the Act of Sederunt 1756, it was objected, even against himself, that, by this decreet of certification, his own debts were cut off; the fact being, that although his charter and sasine were produced before pronouncing or extracting the decreet of certification, yet his constitution and adjudication were not produced till after, and therefore they fell under the certification; for, although the decreet of certification was obtained in his name, yet it was truly for behoof of all the creditors, and, in terms of the Act of Sederunt 1756, had the same effect as if obtained by each of them.

The Lords repelled the objection.