Subject_1 CREDITORS OF A DEFUNCT. Subject_2 SECT. II.
Decisions upon the act of Sederunt 1662*.
Græme v. Murray
Date: 15 February 1738 Case No. No 17.
Rules of preference of creditors doing diligence within six months of the debtor's decease.
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An executor-creditor having confirmed a bond due to the defunct, containing a greater sum than was sufficient to pay his debt, a competition arose upon the balance betwixt two other creditors of the defunct, each of them having raised a process against the executor-creditor, and insisted in their respective processes, while the executor-creditor was yet in constituendo, and had recovered no decreet against the debtor in the bond; both citations being after the elapse of the six months; the one insisted for a preference upon his first action; the other pleaded, That citation makes no nexus realis upon the subject, and consequently is no foundation of preference; that the first decreet must be the rule, and seeing no decreet is yet obtained by either, they ought to be ranked pari passu.——The Lords brought the parties in pari passu. See Appendix.
