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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
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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.
