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Scottish Court of Session Decisions >>
Young v Charles Murray. [1688] Mor 1061 (00 November 1688)
URL: http://www.bailii.org/scot/cases/ScotCS/1688/Mor0301061-153.html Cite as:
[1688] Mor 1061
Reduction upon the Act 1621, whether competent at the instance of Creditors having done Diligence, against one another.
Young v. Charles Murray
1688.
November. Case No. No 153.
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A debtor's disposition to a creditor, who had charged him after he had been charged by another, being quarrelled as a gratification, it was answered, That the disposition being granted in obedience to a charge, it cannot be reputed a voluntary gratification.
Replied: That such a disposition cannot prejudge the more timely diligence of a creditor who was not in mora: Which reply the Lords found relevant.
Fol. Dic. v. 1. p. 79. Harcarse, (Alienation.) No 157. p. 35.
