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Scottish Court of Session Decisions >>
Captain M'Keith v Kennedy. [1685] Mor 3139 (00 March 1685)
URL: http://www.bailii.org/scot/cases/ScotCS/1685/Mor0803139-013.html Cite as:
[1685] Mor 3139
Subject_1 CREDITORS OF A DEFUNCT. Subject_2 SECT. I.
Decisions upon Act 24th, Parliament 1661.
Captain M'Keith v. Kennedy
1685.
March. Case No. No 13.
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In a special declarator at the instance of a donatar of escheat, compearance was made for an executor-creditor who had confirmed the subject, prior to the gift or general declarator; alleged for the donatar, that as the confirmation could not exclude another creditor doing diligence within six months after the rebel's decease, no more could it exclude the pursuer's declarator raised within the six months.——The Lords preferred the executor-creditor, in respect the act of sederunt only concerns creditors, and the donatar is in causa pænæ.
Fol. Dic. v. 1. p. 206. Harcarse, MS. No 2.
*** See The particulars of this case voce Compensation, No 67. p. 2616.
