Scottish Court of Session Decisions

Subject_1 RANKING AND SALE.

Competition of the Creditors of Blair

1748, Jan. 29.
Case No. No. 12.

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This estate being sold at the instance of the apparent-heir on the act 1695, one creditor had adjudged before the sale on a cognitionis causa, and two creditors adjudged after but within year and day of the first, and other creditors did not at all adjudge. The question was,—In the division, whether the three adjudgers should be preferred pari passu, being within year and day, or if the first ought not to be preferred, and the two adjudications after the sale were not inept?—or if the whole ought not to be preferred pari passu whether adjudgers or not, because the sale which is an adjudication was for their behoof? And we found that the whole creditors whether adjudgers or not ought to be preferred pari passu.