Scottish Court of Session Decisions

Subject_1 BANKRUPT.

Creditors of Eyemouth

1738, Jan. 6.
Case No. No. 12.

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The Lords reduced the disposition, not being to the whole creditors, and preferred the creditors according to their diligence.—12th December 1733.

The Lords having on a reclaiming bill against their interlocutor, marked supra, 12th December 1733, remitted this cause to Lord Murkle. This day, on his report, in respect that the disposition was not to the whole creditors, nor for the whole sums due even to the creditors named in it, and that some of those omitted debts had been admitted and ranked upon the estate, therefore they found the old interlocutor in presence in 1726, and the Ordinary's interlocutor applying the same in 1737, was not a res judicata, and adhered to their former interlocutor, 12th December 1733, reducing the disposition. The interlocutor was almost unanimous, Dun only against it; and though they inclined much not to alter a preference settled as long ago as 1726, yet that interlo

* The Court of Wardenry in the Mint.

cutor bearing the ratio decidendi that the disposition was to the whole creditors, the consequence was, that either no creditor could be ranked, but those contained in the disposition, and for the sums mentioned in it, and that was neither just in itself, nor in the Lords' power, or if other creditors were ranked, the interlocutor 1726 behoved to fall to the ground as proceeding on an error in fact.