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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Creditors of Johnston v Dickieson. [1742] 2 Elchies 174 (21 July 1742) URL: http://www.bailii.org/scot/cases/ScotCS/1742/Elchies020174-010.html |
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Subject_1 EXECUTION.
Date: Creditors of Johnston
v.
Dickieson
21 July 1742
Case No.No. 10.
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The doing diligence within six months does not give an absolute preference to the user before all the other creditors, but only where another has used complete diligence by confirming or otherways, prefers all diligences within six months pari passu with him; and therefore where an executor qua nearest of kin was confirmed, and a creditor cited that executor within six months, and no other creditor used any diligence in that time; the Lords notwithstanding preferred them all pari passu, none having used complete diligence.
The electronic version of the text was provided by the Scottish Council of Law Reporting