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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Mr John Dempster v Mr Hary Morison. [1683] 2 Brn 47 (00 November 1683)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
Mr John Dempster
v.
Mr Hary Morison
1683 .November .Click here to view a pdf copy of this documet : PDF Copy
A debtor having gratified one creditor, after another had done diligence, it was alleged for the creditor preferred, that the sum paid had been acquired by the common debtor after the other creditor's diligence. Answered, That a debtor cannot gratify one creditor in prejudice of another's diligence, by paying money acquired after the diligence, more than by payment of sums in his person before, as an inhibition affects lands afterwards acquired in the same shire where it was executed. The Lords repfelled the allegeance, in respect of the answer. Vide No. 142, [Nicolson against Provost Kinloch, February 1686.]
Page 70, No. 296.
The electronic version of the text was provided by the Scottish Council of Law Reporting