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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Ferrier v Gartmore's Creditors [1835] CA 13_977b (25 June 1835)
URL: http://www.bailii.org/scot/cases/ScotCS/1835/013SS0977b.html
Cite as: [1835] CA 13_977b
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SCOTTISH_Shaw_Court_of_Session
Page: 977↓
v.
Subject_Ranking and Sale — Process. —
In a process of ranking and sale, sist recalled as to part of the lands, various questions formerly in agitation having been settled.
In the process of ranking and sale raised by the pursuer against Graham of Gartmore's heritable creditors, the Court, on the 2d June, 1832, sisted procedure, on account of various questions in reference to Mr Graham's heritable estates being then in agitation (ante, X. 616). The pursuer now applied for a recal of the sist, in so far as regarded the estates of Finlaystone and Callengaids, on the ground of change of circumstances, the questions then in dependence having been settled as to these lands, although the principal question as to the validity of the Gartmore entail was still under appeal.
The Lord Ordinary having ordered minutes of debate, and reported the matter to the Court,
Their Lordships recalled the sist as to the lands of Finlaystone and Callengaids, and remitted to the Lord Ordinary to proceed.
Solicitors: H. Inglis and Donald— W. A. G. & R. Ellis, W.S.— James Knox, S.S.C.—Agents.