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[1739] 2 Elchies 123
Subject_1 CLAUSE.
Date: Creditors of William Thomson
25 July 1739
Case No.No. 1.
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Mr John Montgomery, a creditor of Thomson's, infeft in his houses in Edinburgh, consented to another infeftment given by him to Sir James Carmichael in the said houses, and his lands in Fife, provided that the consent should not import any diminution of the sum due to him, nor prejudice of his right, except Sir James's preference for his payment; whereon Sir James was infeft; and in the scheme of division the question was, Whether Sir James should draw his payment proportionally out of the lands in Fife and houses in Edinburgh, which would be beneficial to the other creditors who had affected these lands in Fife, and prejudicial to Mr John Montgomery? or if he should draw his whole payment out of the lands in Fife, on which he was preferred primo loco, whereby Mr Montgomery would draw his payment out of the houses in Edinburgh? The Lords found that Sir James must take his payment wholly out of the lands in Fife. See Ranking.
The electronic version of the text was provided by the Scottish Council of Law Reporting