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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Wotherspoon v. Petitioner [1870] ScotLR 7_252 (25 January 1870)
URL: http://www.bailii.org/scot/cases/ScotCS/1870/07SLR0252.html
Cite as: [1870] ScotLR 7_252, [1870] SLR 7_252
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SCOTTISH_SLR_Court_of_Session
Page: 252↓
Court of Session Inner House Second Division.
v.
Facts:
Judicial sale authorised to take place during a recess of the Court.
In an action of ranking and sale at the instance of the petitioner, the subjects had been appointed to be sold on the 9th of February before the Junior Lord Ordinary. Subsequently the Court having resolved not to sit between the 5th and 12th February, the petitioner moved the Court to delay the day of sale, as there was considerable doubt whether sale could take place when the Court were not sitting.
Pattison, for him, quoted Bell's Com. p. 1009,
Page: 253↓
as settling that a judicial sale could not take place whilst the Court were not sitting. The Court helding that delay would cause additional expence, and that the only reason for such a sale not taking place during a recess of the Court was one of expediency, gave a special warrant for the sale taking place on the day fixed before the Lord Ordinary on the Bills.
Solicitors: Agents for Petitioner— Andrew Hill, W.S.