Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION reported by SIR ROBERT SPOTISWOODE OF PENTLAND.
Subject_2 Such of the following Decision as are of a Date prior to about the year 1620, must have been taken by Spotiswoode from some of the more early Reporters. The Cases which immediately follow have no Date affixed to them by Spotiswoode.

Margaret Turnbull
v.
John Pringle and Others, her Husband's Creditors

Date: 26 February 1633

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In an action betwixt Margaret Turnbull, executrix to her husband, and her Husband's Creditors; the creditors striving about preference among themselves, John Pringle alleged, That he had arrested, in the defunct's debtor's hands, long before any of the rest, and had summons depending to make it forthcoming; in which respect he ought to be preferred, in that which he had arrested, before all others. Some of them had obtained decreets before the commissaries against the executrix; others had only summons of registration depending against her. The Lords would not give preference to any of them before another, but ordained them to be all answered alike, conform to the proportion of their sums; and that in respect that all their diligence was but done within six or seven weeks' space before.

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