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Subject_1 HEIR CUM BENEFICIO.
Creditors of M'Douall of Crichen, Competing
1738 ,Nov. 28 .
Case No.No. 2.
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The Lords unanimously found, that neither the priority of citation nor of decreet of constitution can give any preference, notwithstanding the heir is served cum beneficio. But found, that while the subject is in medio, they ought to be preferred according to their real diligence against the subject, otherwise that they be preferred pari passu. Arniston justly observed, that to find otherwise would be quite inconsistent with our last judgment finding that the creditors can bring the estate to a judicial sale; though if our judgment had been otherwise in that point, he should have been of the same opinion in this question of preference.
The electronic version of the text was provided by the Scottish Council of Law Reporting