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Scottish Court of Session Decisions >>
The Heirs of Strachan v his Creditors. [1738] Mor 5348 (12 July 1738)
URL: http://www.bailii.org/scot/cases/ScotCS/1738/Mor1305348-016.html
Creditors of a defunct can bring the estate to sale, and are not bound to accept of the value of it from the heir cum beneficio. See No 15. P. 5346.
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It had been once and again found, (No 15. p. 5346.) that where an heir was served cum beneficio, the creditors were not entitled to bring his predecessor's estate to a sale, and that the heir was only liable for the value of the estate, as it should be proved.
But the like question again occurring between the above parties, it was found that the creditors have right to bring the estate to a sale, and are not bound to accept of the value from the heir cum beneficio; and that the same day the like judgment was given in another case, Crawford contra Young.
There is much to be said for either side of this question, but it is scarcely thought that the Court will now recede from this last judgment.
Fol. Dic. v. 1. p. 363. & 3. 261. Kilkerran, (Heir cum beneficio.) No 1. p. 239.
