No Benefit of Discussion betwixt Heir and Executor.
Hill v. Kinloch
Date: 24 May 1610 Case No. No 9.
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An obligation heritable made by him who might have an heir, being transferred, after his decease, against his executor, or the intromitter with his goods and gear, will only have execution against them for the annualrent resting owing before the defunct's decease, but not for the principal sum or annualrent of years after his decease, which is only competent against his heir, or against his apparent heir intromitting with his goods and gear.