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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Creditors of M'Douall of Crichen, Competing. [1738] 2 Elchies 237 (28 November 1738) URL: http://www.bailii.org/scot/cases/ScotCS/1738/Elchies020237-002.html |
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Subject_1 HEIR CUM BENEFICIO.
Date: Creditors of M'Douall of Crichen, Competing
28 November 1738
Case No.No. 2.
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Though the heir cum beneficio was found liable only for the proven value, and not to allow the estate to be sold, yet in the competition of his creditors, the Lords found that neither the priority of their citation of the heir, nor constitution against him, gave them any preference, but that such as had affected the estate were preferable according to their diligence, and all the rest pari passu. Vide inter eosdem voce Eexcutor. (See Dict. No. 17. p. 5348.)
The electronic version of the text was provided by the Scottish Council of Law Reporting