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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: Ędie
v.
Gray
2 February 1628 Click here to view a pdf copy of this documet : PDF Copy
A creditor pursuing an intromitter, who, after the creditor's citation, had confirmed the testament as a creditor, alleging the defunct to be justly owing to him as much as the year contained in the testament would extend to, and so had a good reason to retain the gear intromitted with by him, for satisfaction of his own just debt;—the creditor, pursuer, in respect of the diligence and citation before the confirmation, alleges he ought to be preferred. The Lords ordained the pursuer that used citation before the confirmation, to have the debt paid to him, pro rata with him that confirmed. The Chancellor's vote decided cause.—See 26th January 1628.]
Page 102.
The electronic version of the text was provided by the Scottish Council of Law Reporting