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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Laird of Elphingstoun v The Lord Glamis. [1561] Mor 5204 (21 March 1561)
URL: http://www.bailii.org/scot/cases/ScotCS/1561/Mor1305204-006.html
Cite as: [1561] Mor 5204

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[1561] Mor 5204      
Subject_1 HEIR and EXECUTOR.
Subject_2 SECT. II.

Mutual Relief.

The Laird of Elphingstoun
 v.
The Lord Glamis

Date: 21 March 1561
Case No. No 6.

The executor may be called by the heir for his relief.

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Gif the air of ony persoun that is deceist be callit for the deidis debtis auchtand be him the time of his deceis, he hes just actioun and titill to call the executouris that intromettit with the movabill gudis, to warrand and relieve him thairanent, in sa far as thay ar responsal de bonis defuncti. And thairfoir, gif the air be persewit for the saidis debtis, he sould have ane day assignit to him to call the executouris for his relief.

 Balfour, (Heir.) No 8. p. 220.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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URL: http://www.bailii.org/scot/cases/ScotCS/1561/Mor1305204-006.html