Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION reported by SIR ROBERT SPOTISWOODE OF PENTLAND.
Subject_2 Such of the following Decision as are of a Date prior to about the year 1620, must have been taken by Spotiswoode from some of the more early Reporters. The Cases which immediately follow have no Date affixed to them by Spotiswoode.

The Creditors of John Scougal
v.
Patrick Craig

Date: 1 February 1627

Click here to view a pdf copy of this documet : PDF Copy

John Scougal constituted Patrick Craig to divers sums the very day of his breaking: This assignation was quarrelled by some other creditors, as given by a bankrupt in meditatione fugæ; nevertheless it was sustained, he being a lawful creditor, and no other having used prior diligence. Next, John Binnie, who had arrested some of the same sums upon the same day of his intimation, by virtue of a decreet obtained before the Dean of Guild, before his assignation, desired to come in with him pari passu, as being equal in diligence. The Lords preferred the assignee, in respect that the sums being small, and in sundry hands, he used intimation to some of them a day before the arrestment; and to the rest the day following the arrestment, wherethrough they thought his diligence greatest.

Page 19.