Found in corformity with Cranston against Home, No. 1. p. 11823. See No 11. p. 11833.
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George Mack pursued — Parbon relict, and intromissatrix with umquhil Home, her husband's goods and gear, for a sum owing by her to the pursuer. She alleges, she cannot be pursued as intromissatrix, because she has confirmed herself executrix to her husband, as a creditor for the condition due to her by contract of marriage. It is replied, That this confirmation cannot prejudge the pursuer, who had intented his summons long before the confirmation. It was duplied, That, notwithstanding of the pursuer's diligence, yet, in respect of her debt, she ought to be preferred to all others, her husband's creditors; whilk the Lords found relevant.
