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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Cornelius Loyd v Creditors of Paterson. [1782] Hailes 897 (13 February 1782)
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Cite as: [1782] Hailes 897
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[1782] Hailes 897
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 RANKING AND SALE-WARRANDICE.
Subject_3 Whether deduction be given on account of a partial Eviction, when the Subject has been valued, and sold in cumulo? Whether any distinction be made in this matter between a Sale pursued by an Apparent Heir and one at the suit of Creditors?
Date: Cornelius Loyd
v.
Creditors of Paterson
13 February 1782 Click here to view a pdf copy of this documet : PDF Copy
[Faculty Collection, IX. 52; Dict. 13,334.]
Braxfield. There is no warrandice in a judicial sale. But if a person purchases, through error or deceit, he may have a remedy, by giving up the purchase; but he is not entitled to say, I will hold so much of the bargain, and have a deduction on account of the rest.
President. This is a lot sold by a slump bargain. How can we make a distinction between one part of it and another?
On the 13th February 1782, “The Lords decerned against Loyd for payment of the whole lot;” adhering to the interlocutor of Lord Alva.
Act. D. Rae. Alt. A. Elphinston.
The electronic version of the text was provided by the Scottish Council of Law Reporting