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Scottish Court of Session Decisions >>
Peter and Monro, Competing. [1749] Mor 11852 (26 July 1749)
URL: http://www.bailii.org/scot/cases/ScotCS/1749/Mor2811852-017.html Cite as:
[1749] Mor 11852
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The Commissaries of Edinburgh having preferred Alexander Peter wright, the funerator of Miss Ross, daughter to Captain Ross of Portivoe, upon her executry, to John Monro surgeon, furnisher of medicines on her death-bed; upon a report of the Ordinary on the bills, of advocation presented by John Monro, the Lords advised the Ordinary to remit the cause to the Commissaries, with this instruction, to prefer them pari passu to the other creditors, but at the same time to consider the reasonableness of the funerator's account, whereof one article was no less than L. 18 for flannels.
Some of the Lords thought the funerator preferable, as a dead person must be buried; others thought the furnishing medicines to be no less a debt of humanity, and that privilegiatus contra privilegiatum non utitur privilegio; and in, this the plurality agreed.
Fol. Dic. v. 4. p. 142. Kilkerran, (Funerary Expense.) No 1. p. 226.
