[1723] Mor 3140
Subject_1 CREDITORS OF A DEFUNCT.
Subject_2 SECT. II. Decisions upon the act of Sederunt 1662*.
Gray
v.
Callendar
1723 .July .
Case No.No 15.
Click here to view a pdf copy of this documet : PDF Copy
Creditors of a defunct, after the first six months, are preferable, according to the dates of their citations, against the executor; though it was pleaded by the competing creditor, whose diligence was first completed, that, from the nature of the thing, a citation, which is only a step of diligence, can give no preference, that it is the first completed diligence, not the first inchoated, that is to be considered. See Appendix.
The electronic version of the text was provided by the Scottish Council of Law Reporting