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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Creditors of Mr Murray of Kinninmond, Competing. [1744] 2 Elchies 175 (13 January 1744) URL: http://www.bailii.org/scot/cases/ScotCS/1744/Elchies020175-013.html |
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Subject_1 EXECUTION.
Creditors of Mr Murray of Kinninmond, Competing
1744 ,January 13 .
Case No.No. 13.
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The creditors, legators, and nearest of kin are preferred to the creditors of the executor, upon the executry goods and debts, not only while they are extant, but also after they have been uplifted or turned into money by a factor, and a bill given by him to the executor for a balance of the account. They were found preferable after the executor's death for the sum in that bill.—Adhered. Vide inter eosdem, voce Mutual Contract, —voce Jus Qujesitum tertio, —et voce Fraud.
The electronic version of the text was provided by the Scottish Council of Law Reporting