Dr Hairt v Patrick his Brother. [1630] Mor 3035 (18 March 1630)

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Scottish Court of Session Decisions

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[1630] Mor 3035

Subject_1 CONFUSIO.

Dr Hairt
v.
Patrick his Brother

Date: 18 March 1630
Case No. No 2.

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If a creditor fall to be executor to the debtor, there can be no action at the creditor's instance against the heir for that debt; because both creditor and defender are confounded in one person.
Fol. Dic. v. 1. p. 195. Auchinleck, MS. p. 75.

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

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	Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Dr Hairt v Patrick his Brother. [1630] Mor 3035 (18 March 1630) URL: http://www.bailii.org/scot/cases/ScotCS/1630/Mor0703035-002.html