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Scottish Court of Session Decisions >>
Shaw v L. Dunipace. [1629] Mor 3166 (30 June 1629)
URL: http://www.bailii.org/scot/cases/ScotCS/1629/Mor0803166-003.html Cite as:
[1629] Mor 3166
Morte Mandantis cessat Mandatum; unless the Mandate be in rem alienam.
Shaw v. L Dunipace.
Date: 30 June 1629 Case No. No 3.
The rule, that mortuo mandante cessat mandatum, was found not to take place in a procuratory in rem suam, where the procurator, who, by virtue of his procuratory, was pursuing debts, had already paid the sum to the constituent.
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A procuratory made by the consituent, to his procurator, to pursue for some debts owing to the constituent, was sustained as a good title to pursue the debtors thereupon, for payment to the procurator, and the action was sustained at the procurator's instance, after the decease of the constituent; and the allegeance proponed against the action and procuratory, viz. quod mortuo mandatore expirat mandatum, was repelled; in respect, by the procuratory, the constituent made him procurator in rem suam, because of payment made to him by the procurator of the said sums, for which he had the procuratory, whereby to pursue, and so it was not revocable, even though he had been living.
Clerk, Gibson.
Fol. Dic. v. 1. p. 209. Durie, p. 452.
