Scottish Court of Session Decisions

^† On January 16, 1838, the Court pronounced the judgment reported under that date, ¹ preferring the trustees of Gordon of Milrig, in the ranking and sale of Harris, to the effect there stated. That judgment was taken to appeal; after which, one of the creditors was desirous of moving in the ranking, and the Lord Ordinary reported the matter to the Court, in respect of the doubt entertained by his Lordship whether it was com-

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^† Decided June 14, but omitted of that date.

¹ Supra, p. 311.

petent to adopt any step in the ranking after an appeal had been taken, the effect of which seemed to be to remove the whole process to the House of Lords, pending the appeal.

Sandford, for one of the parties appearing, stated that Whatever might be the issue of the appeal, it would not affect the decision of the question on which he wished now to have the judgment of the Lord Ordinary, if it were competent for his Lordship to judge in the cause.

Anderson, for another party, was understood to concur in this; and he submitted to the Court that, as there was a provision under 6 G. IV. c. 120, § 26, for laying a certified copy of the whole record before the House of Lords in every appeal, the sole obstacle which previously would have existed was thereby removed, as the process now remained always in this Court.