Sequestration awarded of an estate brought under sale by an apparent heir.
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The petitioner, as apparent heir of her father, brought a process for selling his estate, in terms of the statute 1695. After this process had been called in Court, and a proof allowed of the rental, debts, &c. she applied for a sequestration of the lands.
The Lords considered the ancestor's estate, by the depending process of sale, to be equally in manibus curiæ with one brought under sale by creditors, by virtue of the statutes 1681 and 1690; and therefore awarded the sequestration.
For the Petitioner, Honyman.
Fol. Dic. v. 4. p. 266. Fac. Coll. No. 44. p. 71.
*** See a contrary decision, August, 1781, Blackwoods, petitioners, No. 17. p. 14349.
