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[1739] 1 Elchies 8
Subject_1 ADJUDICATION.
Creditors of Mr William Thomson
1739 ,July 25 .
Case No.No. 22.
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The Lords found, that Sir James Carmichael must take payment wholly out of the lands in Fife, and no part of it out of the houses in Edinburgh, in prejudice of Mr John Montgomery himself, notwithstanding of Mr John Montgomery's consent, which they thought could operate no benefit to the other creditors in Fife. The Lords laid great weight on the quality adjected to Mr John Montgomery's consent, that his debt should notwithstanding subsist only with a preference to Sir James Carmichael. I own I would have been of the same opinion without that clause. Arniston was at first against the interlocutor, but afterwards came into it, so that there was no vote. They also found that the creditors adjudgers should repay the first effectual adjudger his expenses of adjudication and infeftment, with annualrent.
The electronic version of the text was provided by the Scottish Council of Law Reporting