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Subject_1 RANKING AND SALE.
Ranking of the Creditors of Portract
1743 ,July 12 .
Case No.No. 11.
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A creditor being infeft for principal annualrent penalty and termly failzies, the question was reported, whether in a ranking this creditor should be preferred for his penalty or termly failzies in so far only as extended to the expenses of completing his right, according to our judgment in the case of Prestonhall, or if he should be preferred also for the expenses of ranking and sale; and we gave the same judgment as in the case of Prestonhall, viz. to prefer him only for the expense of completing his title.
The electronic version of the text was provided by the Scottish Council of Law Reporting