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!
 |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | |
Scottish Court of Session Decisions |
||
|
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Creditors of Sir James Dunbar. [1736] 1 Elchies 103 (1 December 1736) URL: http://www.bailii.org/scot/cases/ScotCS/1736/Elchies010103-001.html Cite as: [1736] 1 Elchies 103 |
||
[New search] [Printable PDF version] [Help]
[1736] 1 Elchies 103
Subject_1 COMPETITION.
Creditors of Sir James Dunbar
1736 ,Dec. 1 .
Case No.No. 1.
Click here to view a pdf copy of this documet : PDF Copy
The Lords altered the Lord Ordinary's (Newhall) interlocutor, and found these creditors preferable according to their diligence, and not pari passu, as he had found;—and they were unanimous except the Ordinary, (the President absent.) Some thought the defunct could not by any deed however explicit prefer his creditors pari passu, and defraud them of the effect of their diligence to be raised; but there was some difficulty, because the creditors could not subsume in terms of either the act 1621 or 1696. But that which determined the whole was, that the disposition was not to the creditors, or to their behoof, but to Oliphant, with the burden of debts, which made him personally liable, though only in calorem,—but gave the creditors no right to the subjects disponed; and Oliphant behoved to pay the creditors according to their diligence, as in the known case of executors, and the case of heirs cum beneficio, as was decided in 1724, Mrs Scott against Sir Alexander Burnet of Leys; and as in the decision mentioned in the papers 17th December 1675, Creditors of Masterton against Creditors of Alice Thin, with respect to Alice Thing's own proper effects.—(Dict. No. 9. p. 11830.)
The electronic version of the text was provided by the Scottish Council of Law Reporting
