Scottish Court of Session Decisions

Subject_1 PRIVILEGED DEBT.

Cranston
v.
Home

Date: 27 March 1627
Case No. No 1.

A relift, for implement of her contract of marriage, had formerly a preference to all other personal creditors, though, the other creditors had done more diligence. See No 4. 5-6. & 11.

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In the action of double poinding, raised at the instance of Alexander Cranston of Morieston, wherein, compeared John Home of Renton, on the one part, alleging that he should be paid and answered, of the sum of 1000lb, whilk the said Alexander, suspender, band himself to pay to the said John Home, for the aliment of Anna Hume, Lady of Earl Nisbet; and certain creditors of the laird of earl Nisbet, on the other side, craving to be preferred to the said John Home, as he whose name was borrowed to the behoof of the debtor's wife, who should not be preferred to her husband and lawful creditors; the Lords found the letters orderly proceeded, at the instance of the said John Home, for the aliment of the lady, as was formerly decided in favour of the Lady Arthe.

Fol. Dic. v. 2. p. 175. Auchinleck MS. p. 259.

*** Durie's report of this case is No. 50, p. 10368. voce Personal and Transmissible.