Assignation General – An assignation to a creditor of as much of the first and readiest of the rents of his lands that should happen to be due to him at the time of his decease, as would satisfy and pay a certain sum, gave no preference in a competition of creditors after the debtor’s death.
Creditors of a defunct – Act of Sederunt, 1662 – After expiration of six month from the debtor’s death, one creditor cites the executor in an action of constitution on the 18th of June, and same day the executor cites that creditor, and the general assignee above-mentioned, in a multiple poinding: the latter afterwards, on the 27th of June, cited the executor in an action of constitution; the creditor, giving the first citation, also got the first decree of constitution, and is by the Court preferred to the other; but the judgment is reversed, and both are preferred pari passu.
[1724] UKHL Robertson – 483, (1724) Robertson 483
Bailii
Scotland
Updated: 23 August 2021; Ref: scu.553903 br>