Scottish Court of Session Decisions

Subject_1 PRIVILEGED DEBT.

Brown's Creditors Competing

Date: 20 January 1631
Case No. No 2.

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Theri being necessity of a defalcation from off every one's debt, because the whole exceeded the gear, the Lords preferred the poor of a kirk to have their whole sum, without defalcation, as being a privileged debt. In this case also, the principle of the above case, No 1. was recognised.

Fol. Dic. v. 2. p. 175. Spotiswood, Durie.

*** This case is No 4. p. 2428. voce Collusion.