[1748] Mor 3527
Subject_1 DILIGENCE.
Subject_2 SECT. VII. Diligence Prestable by Factors and Mandataries.
Date: Clark
v.
Sir John Hall
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.
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