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Scottish Court of Session Decisions >>
Inglis v Bell. [1639] Mor 14414 (24 January 1639)
URL: http://www.bailii.org/scot/cases/ScotCS/1639/Mor3314414-049.html Cite as:
[1639] Mor 14414
Subject_1 SERVICE AND CONFIRMATION. Subject_2 SECT. VI.
Intromitters with the Defunct's effects may be pursued directly without Confirmation.
Inglis v. Bell
Date: 24 January 1639 Case No. No. 49.
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A defunct's creditor is not obliged to confirm ad omissa, if he can prove by the oath of the executor confirmed, that he the executor intromitted with goods not confirmed sufficient to pay the debt, for in such a case the executor will be directly decerned to pay.
