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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Campbell's Creditors v - . [1692] 4 Brn 32 (21 December 1692)
URL: http://www.bailii.org/scot/cases/ScotCS/1692/Brn040032-0066.html

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[1692] 4 Brn 32      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.

Campbell's Creditors
v.
-

Date: 21 December 1692

Click here to view a pdf copy of this documet : PDF Copy

In a roup of some tenements within Burgh, at the instance of Mr. George Campbell's creditors; the Lords thought the valuation too high, some of the houses being valued at twelve years' purchase: but they allowed the report, in respect of the creditors' consent, who it seemed, in case of not getting a buyer, intended to divide the houses among them, effeiring to their interests and sums. Wherein this question occurred to the Lords, how the division should be made, lots being the most equal way, and who should have the first choice; whether they who had the greatest debt owing them, or the first diligence. And though they come all in pari passu, as having adjudged within year and day, yet the priority of the debts should rule the choices in this case.

Vol. I. page 535.

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/1692/Brn040032-0066.html