Scottish Court of Session Decisions

Subject_1 DECISOINS of THE LORDS OF COUNCIL AND SESSION. reported by ALXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.
Subject_2 FORUM OF PROCEEDING BEFORE THE ORDINARY, OR IN COURT.

Sequestration of the Estate of Lainshaw

Date: 25 February 1778

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A judicial sale having been made of the estate of Lainshaw, as a bankrupt estate, which was not opposed by Sir Walter Montgomery Cuningham, the proprietor; the Creditors applied to have the estate sequestrated: but this Sir Walter would not agree to, alleging that, as sequestration was a rigorous diligence, (Ersk., B. 2 tit. 12, § 56,) and as there was already a faithful honest factor upon it appointed by him, provided the same factor was continued, he was ready to find caution for his behaviour, in the same way as if he was a Lord's factor. But this measure the Lords did not incline to adopt: they thought it might open a door to fraud and collusion ; therefore they, 25th February 1778, sequestrated the estate, but remitted to the Ordinary to hear parties on the nomination of the factor; and if it should appear to him that Sir Walter's factor was proper to be the Lord's factor, it was probable he would be the man.