Scottish Court of Session Decisions

On 5th March, 1834, the Earl of Dunmore purchased the estate of Harris, under a process of ranking and sale, for £60,200. His Lordship gave notice to Walter Dickson, W.S., the common-agent, of his intention to consign the price at Martinmas, 1834, in the Commercial Banking Company of Scotland, and was informed by Dickson that this appeared to be irregular, as the bankrupt statute only allowed consignation in the Royal Bank, Bank of Scotland, or British Linen Company, as the condition of exonerating the purchaser at a judicial sale. Lord Dunmore replied, that the Commercial was now a chartered bank, and that consignations there were in common use; and his Lordship consigned the price in that bank, and applied to the Court to have the consignation approved of, and his exoneration declared. Dickson lodged answers, stating that he did not object to the credit of the Commercial Bank, but the creditors had instructed him to oppose the petition, as the consignation was not in terms of the statute.