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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Coupar alias Chalmers v Sir Andrew Mireton of Gogar. [1720] Mor 13348 (21 June 1720)
URL: http://www.bailii.org/scot/cases/ScotCS/1720/Mor3113348-039.html
Cite as: [1720] Mor 13348

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[1720] Mor 13348      

Subject_1 RANKING and SALE.
Subject_2 SECT. VIII.

Effect of a Decree of Sale, &c.

Coupar alias Chalmers
v.
Sir Andrew Mireton of Gogar

Date: 21 June 1720
Case No. No 39.

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An estate having been sold at a public roup for the debts of the liferenter, by an alleged collusion betwixt him and his creditors, during the infancy of his son the fiar, who thereafter brought a reduction and improbation to set aside the purchaser's title to the estate, as acquired a non domino, without authority of the acts of Parliament, which give no power to the Court of Session to sell one man's estate for paying another man's debts; the Lords found the decreet of sale was a sufficient production made for the purchaser to exclude the pursuer's title. See Appendix.

Fol. Dic. v. 2. p. 312.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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