Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL
Subject_2 SUMMER SESSION.
Date: 1 December 1683

Alexander Gartshore
v.
Walkingshaw, Watson,&c

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In a competition of diligence between Bailie Alexander Gartshore, Walkin-shaw, Watson, and Others, the creditors of umquhile Gavin Weir; my Lord Pitmedden preferred those creditors whose terms of payment were come at the time of their intenting actions, a little after the death of the said Gavin; and that before Gartshore, of whose debt, divided in three payments, the first moiety only was then past; and minded his own case against Patersons, decided supra, 17th July 1678; and the case of Charles Charters, there cited, where arrestments on bonds whereof the terms of payment were come, though posterior, were preferred to prior arrestments on bonds whereof the terms of payment were not come; and the same will hold in other diligences.

Vol. I. Page 247.