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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Torrance [1837] CS 16_174a (2 December 1837)
URL: http://www.bailii.org/scot/cases/ScotCS/1837/016SS0174a.html
Cite as: [1837] CS 16_174a
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SCOTTISH_Court_of_Session_Shaw
Page: 174↓
Cowan.
Subject_Process—Entail—Stat. 6 and 7 William IV. c. 42.—
An application under the above statute for the sale of entailed lands having been remitted by the Court to the Junior Lord Ordinary to enquire and report, his Lordship, after making a remit to a professional man, reported accordingly to the Court, who pronounced an interlocutor fixing the amount of debts, and remitted to two parties to survey and inspect the estate, and report what part of it, adequate to the debt, might be sold with least detriment to the remainder.
Facts:
After the petition, under the 6 and 7 William IV. c. 42, mentioned ante XV., 506 (which see), had been intimated to the next heir of entail, the Court remitted the application to the Junior Lord Ordinary to enquire and report as to the amount of entailer's debts with which the entailed lands were burdened, or for which they were liable to be adjudged. His Lordship having made a remit to Mr Young, W. S., now reported to the Court, who pronounced an interlocutor fixing and ascertaining the amount of such debts, and in terms of the statute remitted to two parties conversant with the value of land and agricultural matters, to survey and inspect the entailed estate, and report what part of it, adequate to meet the debts, might be sold with least detriment to the remainder of the estate.
Solicitors: Alex. Smith, W. S.—Agent.