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Scottish Court of Session Decisions >>
Gray v Callendar. [1723] Mor 3140 (00 July 1723)
URL: http://www.bailii.org/scot/cases/ScotCS/1723/Mor0803140-015.html Cite as:
[1723] Mor 3140
Subject_1 CREDITORS OF A DEFUNCT. Subject_2 SECT. II.
Decisions upon the act of Sederunt 1662*.
Gray v. Callendar
1723.
July. Case No. No 15.
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Creditors of a defunct, after the first six months, are preferable, according to the dates of their citations, against the executor; though it was pleaded by the competing creditor, whose diligence was first completed, that, from the nature of the thing, a citation, which is only a step of diligence, can give no preference, that it is the first completed diligence, not the first inchoated, that is to be considered. See Appendix.
