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Scottish Court of Session Decisions >>
Miln v Hay. [1678] Mor 3367 (6 November 1678)
URL: http://www.bailii.org/scot/cases/ScotCS/1678/Mor0803367-020.html Cite as:
[1678] Mor 3367
A preferable creditor can do no voluntary deed to prefer one secondary creditor to another; and if he take payment out of one subject, he is bound to assign to postponed creditors.
Miln v. Hay
Date: 6 November 1678 Case No. No 20.
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A creditor being preferable over two tenements, and a secondary creditor having right only over one of them, in that situation, the preferable creditor for a separate debt, adjudged both tenements. It was found, that the catholic creditor was not obliged to dispone to the secondary creditor in prejudice of his adjudication, existing before the date of the process.
Fol. Dic. v. 1. p. 222.
*** See this case, voce Base Infeftment, No 62. p. 1341.
