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Cite as: [1748] Mor 3527

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[1748] Mor 3527      
Subject_1 DILIGENCE.
Subject_2 SECT. VII.

Diligence Prestable by Factors and Mandataries.

Clark
 v.
Sir John Hall

Date: 8 July 1748
Case No. No 62.

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The question stated, but not determined, How far a creditor, taking decree of mails and duties, and even possessing in consequence of it, is obliged to account by a rental, except where he debars another creditor?

One thing is plain, that he debars the debtor; and although, where the debtor has had a promiscuous possession, another creditor cannot oblige him to account by a rental, yet, if the debtor has had no promiscuous possession, it is thought another creditor may oblige him to account in that manner.

 Kilkerran, (Diligence) No 1. p. 166.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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URL: http://www.bailii.org/scot/cases/ScotCS/1748/Mor0903527-062.html