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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Creditors of Falahill, Competing. [1736] 1 Elchies 3 (28 January 1736) URL: http://www.bailii.org/scot/cases/ScotCS/1736/Elchies010003-007.html |
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Subject_1 ADJUDICATION.
Creditors of Falahill, Competing
1736 ,Jan .28 .
Case No.No. 7.
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The Lords adhered, but added the reason, because the other creditors did not insist to have the adjudication annulled, but only that they should be brought in pari passu. Otherwise I and many others thought it would have been very dangerous to make it an arbitrary question, whether adjudgers should be preferred pari passu or not? and that if it had not been the creditors' concession, the adjudication must either have been found totally void and null, or otherwise it must have the preference the act of Parliament gave it.
The electronic version of the text was provided by the Scottish Council of Law Reporting