[1742] 2 Elchies 174
Subject_1 EXECUTION.
Date: Colonel M'Douall
v.
Mr Charles M'Douall
19 February 1742
Case No.No. 9.
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A creditor of a defunct citing a nearest of kin intromitter within the six months, who afterwards confirmed about the seventh or eight month, no other creditor having done complete diligence within six months; this citing was not found sufficient upon the act of sederunt 1662, to give the creditor a preference to all the other creditors. Vide inter eosdem, voce Heiu cum Beneficio, Vide No. 18. (See Dict. No. 9. p. 3936.)
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