Scottish Court of Session Decisions

Subject_1 RECOMPENCE.
Subject_2 SECT. IV.

Expenses laid out in re communi.

Creditors of Calderwood
v.
Borthwick

Date: 30 July 1715
Case No. No 24.

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One of many creditors pursuing the common debtor's relict, (as having got a disposition from her husband, in trust, for payment of his debts,) and recovering sentence against her, but nothing thereon being extracted, and the other creditors thereafter compearing, the said first creditor was found preferable for his expenses, to be paid out of the first and readiest of the subject, but the whole creditors were found to come in pari passu.

Fol. Dic. v. 2. p. 319.

*** This case is No 236. p. 1197, voce Bankrupt.