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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> James Murray of Broughton, and Others, Creditors of James Laurie of Redcastle, v Joseph M'whan. [1783] Hailes 920 (1 March 1783)
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Cite as: [1783] Hailes 920
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[1783] Hailes 920
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 PACTUM ILLICITUM.
Subject_3 Combination of intended Offerers at a Public Sale.
Date: James Murray of Broughton, and Others, Creditors of James Laurie of Redcastle,
v.
Joseph M'whan
1 March 1783 Click here to view a pdf copy of this documet : PDF Copy
[Faculty Collection, IX. 164; Dict. 9567.]
Braxfield. Here is an unlawful combination to prevent the exposer from getting the full value of the subject. The subject ought to be set up again to sale.
Monboddo. There is no roup when there is no competition of bidders. [This proposition is crude.] The fervor licitantium is prevented by such combination.
President. Over and above the price paid, there is here a sum of money given, which would have gone to the creditors had the sale been fair.
On the 1st March, 1783, “The Lords, on a summary petition, found that the combination was illegal, and that the sale must be set aside: found the respondents liable in expenses of process, and also in the expenses to be incurred in the new sale.”
For the petitioners,—Ad. Rolland. Act. Ilay Campbell.
The electronic version of the text was provided by the Scottish Council of Law Reporting