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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Craigmillar v Robert Rollock. [1627] Mor 3852 (29 March 1627)
URL: http://www.bailii.org/scot/cases/ScotCS/1627/Mor0903852-036.html
Cite as: [1627] Mor 3852

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[1627] Mor 3852      
Subject_1 EXECUTOR.
Subject_2 SECT. V.

In what cases Executors may make Payment.

Craigmillar
 v.
Robert Rollock

Date: 29 March 1627
Case No. No 36.

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A legacy being left to a woman's bairns by the mother's sister, the father administrator pursues for the same. The executor of the defunct craves caution to free him at the creditors hands. The pursuer alleges, That it was ten years since the decease of the defunct, and in all this space no creditor pursued her.——The Lords, in this case, find no necessity for caution, seeing their decreet is sufficient warrant to the executor.

 Fol. Dic. v. 1. p. 274. Auchinleck, MS. p. 118.

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/1627/Mor0903852-036.html