An arrestment and the intimation of an assignation being made in one day, the Lords brought them in pari passu, and divided the sum betwixt them.
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Mr Cornelius Inglis and Nicol Edward, two creditors to John Mackuby, the former having arrested a sum owing to the common debtor by Mr Thomas Ramsay, 13th November, and the other having intimate an assignation made to him by the debtor upon the same day, and they striving for preference; The Lords, in respect of both their diligence concurring, would not prefer the one to the other, but divided the sum betwixt them.
Fol. Dic. v. 1. p. 178. Spottiswood, (Creditors.) p. 76.
