BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
James Dalrymple v Alexander Gibson. [1694] 4 Brn 198 (20 July 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040198-0444.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
James Dalrymple v. Alexander Gibson
Date: 20 July 1694
Click here to view a pdf copy of this documet : PDF Copy
Mersington reported the competition between Mr James Dalrymple and Alexander Gibson, the two clerks, anent the process for ranking the creditors of the estates of Nicolson, Laswade, and Cockburn's-path. The first claimed it, because he was clerk to the first suspension and multiplepoinding among their creditors. The second contended, it behoved to fall to him, in regard he was clerk to the summons of roup; which containing a conclusion for ranking, (though Mr James alleged that was incompatible with a roup, which the Lords did not think,) as the more sovereign process, it behoved to draw all the rest.
The Lords preferred Mr Gibson, as clerk to the roup, by the votes of five against four; in regard the former processes were terminated by a decreet, and so there was lis finita.
