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Scottish Court of Session Decisions >>
Fenton v Lockhart of Carnwath. [1691] Mor 1293 (9 December 1691)
URL: http://www.bailii.org/scot/cases/ScotCS/1691/Mor0301293-022.html Cite as:
[1691] Mor 1293
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The time of the sealing, and not of the confirmation in the Exchequer, is to be considered; and therefore Mr Fenton, who had cited in a poinding of the ground upon the 1st of March, was brought in pari passu with Carnwath, who first was confirmed on the 28th February, and sealed the said 1st of March; and a probation by witnesses, that this citation was an hour prior to the sealing, was sustained to prefer him; and adhered to December 22. thereafter; and the priority of an hour being proven, he was simply preferred. See Confirmation.
