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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Colonel M'Douall v Mr C. M'Douall. [1742] 1 Elchies 122 (19 February 1742) URL: http://www.bailii.org/scot/cases/ScotCS/1742/Elchies010122-009.html |
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Subject_1 EXECUTOR.
Colonel M'Douall
v.
Mr C M'Douall.
1742 ,Feb. 19 .
Case No.No. 9.
Click here to view a pdf copy of this documet : PDF Copy
The Lords found that the citing within six months an intromitter with a defunct's effects, who afterwards confirmed as nearest of kin, though not within the six months but about a month or two after, did not give that creditor a preference to other creditors who did no diligence within six months; and refused a bill without answers, and adhered to Drummore's interlocutor preferring them pari passu;—though a petition against an interlocutor of mine in another cause to the same effect, on a citation against an executor qua nearest of kin confirmed in six months, but when no creditor had obtained any preference (was ordered to be answered.)
The electronic version of the text was provided by the Scottish Council of Law Reporting
