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George Buchan of Kello, Esq. v Thomas Nisbet, and Others, Creditors of James Bogue, Tenant in Kello. [1781] Mor 6272 (10 August 1781)
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[1781] Mor 6272
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[1781] Mor 6272
Subject_1 HYPOTHEC. Subject_2 SECT. IX.
Whether Hypothec affected by Sequestration upon the Statutes relative to Bankruptcy.
George Buchan of Kello, Esq v. Thomas Nisbet, and Others, Creditors of James Bogue, Tenant in Kello
Date: 10 August 1781 Case No. No 72.
The land-lord's right not affected by a sequestration at the instance of creditors.
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Mr Buchan having obtained a sequestration of Bogue's crop and stocking, a general sequestration of his personal estate was afterwards obtained by the creditors upon act 12th Geo: III. Upon this a competition took place, and Mr Buchan applied by summary petition to the Court, praying “ to find that the subjects sequestrated by the sheriff, for security of the landlord's hypothec, are not affected by the sequestration awarded by the Court, nor fall under the management of their factor; and that the landlord is at liberty to proceed under the sequestration of the sheriff, leaving it to the factor to be heard before the sheriff upon any other competent ground.”
The Lords, upon advising the petition with answers, granted the prayer of the petition.
Act. G. B. Hepburn.Alt. H. Erskine.
Fol. Dic. v. 3. p. 292. Fac. Col. No 83. p. 139.
