A confirmation of a debt due by a debtor named, though neither the sum nor the security were condescended on, was preferred to a posterior particular confirmation of the same debt.
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In the cause between the Lady Kinfauns and her husband's Creditors, competing with her upon confirmations, the Lords preferred her, as she who was first confirmed executrix-creditrix on her contract of marriage, (though none of them was within the six months of her husband's death, and so not in the terms of the act of sederunt), as to the office, and brought in Scott in Dundee pari passu with her quoad the common sums, which each of them had confirmed; because he was confirmed that same day with her; and in so far as each of them confirms separate or distinct sums, which the other does not, prefer them respective to these, and find a general confirmation of a sum due by such a debtor, though it do not particularly condescend on the individual sum, (which they may be ignorant of), is sufficient to carry the right, and make them preferable to Ramsay of Cairnton, who, qua creditor, had confirmed the special sum; (but some months after the Lady and Scott's confirmations were expede;) and that his having obtained the first decreet gave no preference here, seeing the debtor Northesk had advocated the other creditors actions, and had so far colluded with him as to let his decreet pass; but found the debtors, not being in tuto to pay without a sentence, ought to be assoilzied from the penalties of their bonds; and found it was an error in the Commissary of St Andrews to confirm two several testaments-dative qua creditors of the same individual sum, and subject matter, and that he ought to be censured for the same.
Fol. Dic. v. 1. p. 272. Fountainhall, v. 1. p. 576.
