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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Creditors of Brown competing. [1631] Mor 12617 (20 January 1631)
URL: http://www.bailii.org/scot/cases/ScotCS/1631/Mor2912617-510.html
Cite as: [1631] Mor 12617

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[1631] Mor 12617      

Subject_1 PROOF.
Subject_2 DIVISION IV.

Private Deed, how far probative.
Subject_3 SECT. V.

Accounts, Account-books how far Probative.

Creditors of Brown competing

Date: 20 January 1631
Case No. No 510.

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In a Competition of creditors upon a defunct's executry, one having no document for his claim, but an account ingrossed by the debtor in his count-book, the Lords thought it hard to bring him in pari passu with others who had more formal documents, but declared, that if he could prove the delivery of the particulars mentioned in the account, and give his oath in supplement, they would bring him in equal with others.

Fol. Dic. v. 2. p. 260. Durie. Spottiswood.

*** 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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URL: http://www.bailii.org/scot/cases/ScotCS/1631/Mor2912617-510.html