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Scottish Court of Session Decisions >>
Executors of Edward Edgar v Nicol Edgar. [1628] Mor 12487 (24 July 1628)
URL: http://www.bailii.org/scot/cases/ScotCS/1628/Mor2912487-340.html Cite as:
[1628] Mor 12487
Creditor's Oath, if sustained against Third Parties having Interest.
Executors of Edward Edgar v. Nicol Edgar
Date: 24 July 1628 Case No. No 340.
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A debt given up by umquhile Edward Edgar in his testament, to be resting owing to Nicol Edgar, conform to the defunct's bond, which debt the Executors paid without any decreet obtained against them, and only reported the defunct's bond, which they negligently cancelled, the same was allowed by the Lords to the Executors, the said Nicol giving his oath that it was a true debt resting by the defunct, and that he was paid thereof by the Executors after his decease.
Item, There were allowed to the said Executors datives given up by the said defunct owing to some of his servants, factors for him, whereupon there was no bond nor decreet recovered, the said persons creditors giving their oaths that the debt was truly owing to them, and truly paid by the Executors.
