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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> M'Dowall v Creditors of Crichan. [1738] 5 Brn 651 (25 November 1738)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, collected by JAMES BURNETT, LORD MONBODDO.
Date: M'Dowall
v.
Creditors of Crichan
25 November 1738 Click here to view a pdf copy of this documet : PDF Copy
[Elch. No. 2 Heir cum beneficio; Kilk. No. 2, ibid.; C. Home, No. 104; Kaimes, Rem. Dec. No. 27.]
The Lords found that the citation and decreet thereupon gave no preference in this case, the subject being in medio. But they seemed to be of opinion, if actual payment had been made, that not only the heir would have been liberate in so far, but that the creditor, paid in that manner, would not have been obliged to repeat to the other creditors; in respect that the entering cum beneficio only restricts the claims of the creditors, but does not alter the nature of them; so that the creditors in every other respect eodem jure utuntur, as in any other case.
The electronic version of the text was provided by the Scottish Council of Law Reporting