Seqestration of an heritable property, in a competition, can be awarded only by the Court.
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In the course of a process depending between Robert Macalpine, spirit-dealer in Glasgow, and his brother James, regarding the property of certain heritable subjects in Glasgow, the Lord Ordinary sequestrated the subjects in question, and appointed a factor to uplift the rents.
The defender, who had been in use to receive these rents, presented a petition to the Court against this sequestration; and when the petition was moved, it seemed to be the opinion of a majority of their Lordships, that a Lord Ordinary, in time of Session, had not powers to sequestrate heritable property, although the measure seemed very proper in the present instance.
Upon this a petition was presented to the Court by the pursuer, craving that a sequestration should be awarded, which the Court accordingly granted.
Lord Ordinary, Meadowbank.Act. Jardine.Agent, Jos. Cauvin, W. S.Alt. Cockburn.Agent, M'Glashan.Clerk, Pringle.
Fac. Coll. No. 291. p. 664.
