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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Colonel M'Douall v Mr Charles M'Douall. [1742] 2 Elchies 174 (19 February 1742) URL: http://www.bailii.org/scot/cases/ScotCS/1742/Elchies020174-009.html Cite as: [1742] 2 Elchies 174 |
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[1742] 2 Elchies 174
Subject_1 EXECUTION.
Date: Colonel M'Douall
v.
Mr Charles M'Douall
19 February 1742
Case No.No. 9.
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A creditor of a defunct citing a nearest of kin intromitter within the six months, who afterwards confirmed about the seventh or eight month, no other creditor having done complete diligence within six months; this citing was not found sufficient upon the act of sederunt 1662, to give the creditor a preference to all the other creditors. Vide inter eosdem, voce Heiu cum Beneficio, Vide No. 18. (See Dict. No. 9. p. 3936.)
The electronic version of the text was provided by the Scottish Council of Law Reporting