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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Ferrier v Gartmore Heritable Creditors [1835] CA 13_1121 (11 July 1835)
URL: http://www.bailii.org/scot/cases/ScotCS/1835/013SS1121.html
Cite as: [1835] CA 13_1121
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SCOTTISH_Shaw_Court_of_Session
Page: 1121↓
v.
Subject_Ranking and Sale—Entail.—
In a ranking and sale of an entailed estate (the entail of which was under challenge), the Lord Ordinary allowed a proof of the value of the “property thereof;” but the Court modified it to that of the “common debtor's life interest.”
Sequel of the ranking and sale mentioned ante, X. 616, which see. Subsequent to the sist there granted, the Court had found, in the process challenging the validity of the Gartmore entail, that the entail was effectual; but an appeal was taken against their judgment, which was still pending. Thereafter, the Court recalled the sist previously granted in this process; and the Lord Ordinary pronounced the usual interlocutor in a ranking, allowing a proof of “the rental and arrears of the lands and others libelled, and worth and value of the property thereof;” but, on a reclaiming note by the heritable creditors—
The Court varied, so as to restrict the proof to “the value of the common debtor's life-interest” in the lands, instead of the value of the property thereof.
Solicitors: H. Inglis and Donald, W. S.— W. A. G. and R. Ellis, W. S.— James Knox, S. S. C., &c.—Agents.