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Scottish Court of Session Decisions >>
The Creditors of Sir John Nicolson of that ilk v The Creditors of Sir William Nicolson. [1695] 4 Brn 282 (3 December 1695)
URL: http://www.bailii.org/scot/cases/ScotCS/1695/Brn040282-0628.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
The Creditors of Sir John Nicolson of that ilk v. The Creditors of Sir William Nicolson
Date: 3 December 1695
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Mersington reported the Creditors of Sir John Nicolson of that ilk against the Creditors of Sir William Nicolson. The first claimed a preference quoad the lands of Cockburn's-Path, because Sir John, their debtor, died last vest and seased therein; whereas Sir William was never infeft, but only bruiked the same as apparent heir. Answered for Sir William's creditors, That they had supplied the want of his infeftment, and done all the law required, by charging Sir William's son to enter heir in special to Sir John, his uncle, and had thereon adjudged; and the act cited gives only a preference for three years.
The Lords found them all in a like case, and brought them in pari passu, conform to their diligences.
