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Scottish Court of Session Decisions


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[1737] 2 Elchies 244      

Subject_1 HERITABLE AND MOVEABLE.

Executors of Principal Smith
v.
His Heir

Date: 11 November 1737
Case No. No. 6.

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A Bankrupt disponing his estate to trustees for behoof of creditors, to which they acceded; and the trustees having sold part of the estate, one of the creditors dying, so much of his debt as corresponded to his share of the price of the lands sold, or in other words, his share of the price, was found moveable, and to pertain to his executors, and no more. Vide supra, 21st January 1736, Creditors of Cave and Murray, (No. 4.) and infra. Heirs and Executors of Sir James Rochead, (No. 10.)

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


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URL: http://www.bailii.org/scot/cases/ScotCS/1737/Elchies020244-006.html