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Subject_1 EXECUTOR.
Creditors of Johnston
v.
Dickieson
1742 ,July 21 .
Case No.No. 10.
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A creditor citing an executor qua nearest of kin within the six months, when no other creditor used diligence within that time, found to give no preference to him exclusive of the other creditors, since no creditor had used complete diligence, but only to prefer him pari passu with them; and adhered to my interlocutor unanimously, only Dun seemed to
doubt, The President said that he was for having the petition answered till he considered the act of sederunt 1662, but none thought the interlocutor right
The electronic version of the text was provided by the Scottish Council of Law Reporting