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Adam v Alison. [1680] Mor 234 (00 January 1680)
URL: http://www.bailii.org/scot/cases/ScotCS/1680/Mor0100234-004.html Cite as:
[1680] Mor 234
Subject_1 ADJUDICATION and APPRISING. Subject_2 RANKING of ADJUDGERS and APPRISERS.
Adam v. Alison
1680. Case No. No 4.
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Found, that an adjudication, led within year and day of another, could not come in pari passu with it; because the first was for a liquid debt, and the second only special, for implement of a disposition, which the Lords thought not included in the 62d act, Parliament 1661; yet the equity is the same in both; sed egit remedio imperatorio.*
Fol. Dic. v. 1. p. 16.
* This is taken from that part of Lord Fountainhall's Works, which have not been printed.