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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Mrs Ann Murray v Patrick Crawfurd. [1738] 2 Elchies 237 (17 February 1736) URL: http://www.bailii.org/scot/cases/ScotCS/1738/Elchies020237-001.html |
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Subject_1 HEIR CUM BENEFICIO.
Mrs Ann Murray
v.
Patrick Crawfurd
Crawfurd
v.
Young; and Strachan's Creditors
v.
His Daughters
1736 .Feb .17 .1738 .July 11 .
Case No.No. 1.
Click here to view a pdf copy of this documet : PDF Copy
A That heirs cum beneficio cannot stop a sale at the instance of their predecessor's executors, was first found 4th July 1735, but they afterwards altered that judgment, and found that the sale could not proceed against the heir cum beneficio, who was found liable only for the proven value, 25th November 1735, 17th February 1736 inter eosdem. The Lords, after long and full deliberation, altered the above judgment, and now found that the creditors have a right to bring the estate to a sale, notwithstanding of the offer by the heirs of the proven value, and that in two different cases, viz. Margaret Crawfurd, Relict of Young of Killicanty, against Alexander Young; and Creditors of Strachan of Glenkindy against His Daughters, 11th July 1738. (See Dict. No. 15. p. 5346 and No. 16. p. 5348.)
The electronic version of the text was provided by the Scottish Council of Law Reporting
