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Scottish Court of Session Decisions >>
Competition Creditos of Creichen. [1742] Mor 3141 (13 February 1742)
URL: http://www.bailii.org/scot/cases/ScotCS/1742/Mor0803141-018.html Cite as:
[1742] Mor 3141
Subject_1 CREDITORS OF A DEFUNCT. Subject_2 SECT. II.
Decisions upon the act of Sederunt 1662*.
Competition Creditos of Creichen
Date: 13 February 1742 Case No. No 18.
The same subject.
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The act of sederunt 1662, ordaining, ‘That the creditors using legal diligence within six months of their debtor's death, by citing executors-creditors, intro-mitters with the defunct's goods, &c. shall come in pari passu with the other creditors, who have used more timely diligence, by obtaining themselves decerned and confirmed executors-creditors, or otherways,’ was not intended to prefer the creditors who had inchoate diligence within the six months, before those who commenced their diligence after it was elapsed; but barely to disappoint those creditors who, by taking the start, have completed their diligence within the six months; which is done by bringing in pari passu with them, all other creditors who have done any sort of diligence within the six months. But the competition among creditors, some of whom have done diligence during the six months, others after, is left to the determination of the common law. See Appendix.
Fol. Dic. v. 3. p. 167. Rem. Dec. v. 2. No 27. p. 43.
