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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Speir v Mure and Mureson. [1611] Mor 808 (18 December 1611)
URL: http://www.bailii.org/scot/cases/ScotCS/1611/Mor0200808-152.html
Cite as: [1611] Mor 808

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[1611] Mor 808      

Subject_1 ARRESTMENT.
Subject_2 Ranking of Arrestments.

Speir
v.
Mure and Mureson

Date: 18 December 1611
Case No. No 152.

Arrestments near in date, where each party had used due diligence were ranked pari passu.


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A party being obliged to two several creditors, whose bonds, registrations, inhibitions, and arrestments, are near one date, and used with all diligence:——The Lords, when they contend for making the goods furthcoming, will ordain the sum arrested by them to be divided amongst them pro rato debiti proportionally.

Fol. Dic. v. 1. p. 60. Haddington, MS. No 2339.

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


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URL: http://www.bailii.org/scot/cases/ScotCS/1611/Mor0200808-152.html