Scottish Court of Session Decisions

In this petition (mentioned ante p. 174, and XV., p. 506) the Court, upon advising the report of the surveyors, pronounced an interlocutor (13th February, 1838), fixing the portions of the estate, in terms of that report, most advisable to be sold for the entailer's debts. By the same interlocutor warrant to sell was granted at the upset price stated by the surveyors, but this part of the interlocutor was subsequently recalled on the motion of the petitioner, and commission granted to the sheriff of the bounds, with diligence against witnesses, &c. for taking proof of the value of the lands to be sold, by the oath of the surveyors or otherwise, and also of the price at which they ought to be exposed to sale. The procedure which followed under this remit was similar to that in an ordinary process of judicial sale; and on advising the memorial and abstract the Court pronounced an interlocutor authorizing the lands to be sold at the sight of the Lord Ordinary in the usual terms. Their Lordships at the same time intimated it to be the opinion of the Court that in similar applications the form of procedure, authorized in the present case, ought to be followed.