Purchasers must find caution for the price. - Purchasers' right to the rents. - Effect of a judicial sale as to payment of the price. - Is the purchaser obliged to pay before a scheme of division is made?
Douglas v. Dickson
Date: 14 February 1777 Case No. No 34.
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The purchaser of lands at a judicial sale, on a creditor's having petitioned the Court and obtained their act and warrant for payment of his debt, on finding caution to repeat any part if overpaid, having refused to make the payment, and urged to the Court, that till there was a scheme of division made out, he could not pay with proper security; the Lords, considering that, by act of Parliament 1695, c. 6. a purchaser may be exonered and receive up his bond of caution on consignation of the price, in respect the purchaser had not offered to consign in terms of the said act, authorised the warrant granted by the Lord Ordinary. See Appendix.
