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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Thomas Grierson and Others v Messrs Douglas, Heron and Co., Creditors of Brown of Bartharrow [1785] Hailes 983 (22 November 1785)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 ADJUDICATION.
Subject_3 Act 1661. Adjudications, if within year and day, not affected by certification, in the Process of Ranking and Sale.
Date: Thomas Grierson and Others
v.
Messrs Douglas, Heron and Co, Creditors of Brown of Bartharrow
22 November 1785 Click here to view a pdf copy of this documet : PDF Copy
[Fac. Coll. IX. 367; Dict. 274.]
Justice-Clerk. It would be very extraordinary if any creditor could have it in his power, by insisting in a process and obtaining a decreet of certification, to exclude another creditor from the benefit of the Act 1661.
Eskgrove. The case of Craig was different, for there year and day had intervened.
On the 22d November 1785, “The Lords repelled the objections, and sustained the decrees of adjudication as valid, and found that the creditors therein are entitled to be ranked as adjudgers, in virtue of such decreets, in their proper place;” adhering to the interlocutor of Lord Braxfield.
For Grierson,—A. Abercrombie.
Alt. Ch. Hay. Diss. Swinton.
The electronic version of the text was provided by the Scottish Council of Law Reporting