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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Brown's Creditors Competing. [1631] Mor 11823 (20 January 1631)
URL: http://www.bailii.org/scot/cases/ScotCS/1631/Mor2811823-002.html
Cite as: [1631] Mor 11823

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[1631] Mor 11823      

Subject_1 PRIVILEGED DEBT.

Brown's Creditors Competing

Date: 20 January 1631
Case No. No 2.

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Theri being necessity of a defalcation from off every one's debt, because the whole exceeded the gear, the Lords preferred the poor of a kirk to have their whole sum, without defalcation, as being a privileged debt. In this case also, the principle of the above case, No 1. was recognised.

Fol. Dic. v. 2. p. 175. Spotiswood, Durie.

*** This case is No 4. p. 2428. voce Collusion.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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