Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ALEXANDER GIBSON, OF DURIE.

Sir William Fairlie, and John Fairlie's Creditors,
v.
John Fairlie's Relict and his Executors

Date: 12 March 1622

Click here to view a pdf copy of this documet : PDF Copy

In the action betwixt Sir William Fairlie and umquhile John Fairlie's creditors, and John Fairlie's relict and his executors;—the Lords found that the defunct's executor was holden to employ money upon annual-rent for the life-rent of the relict, which the defunct was obliged to do; albeit, it was alleged, both by the executor, and also by the defunct's other creditors, to whom the defunct was owing moveable debts, that that deed was a fact of that nature, which was not prestable by an executor, but by the heir; and that the executor of the defunct, and the defunct's moveables should be, primo loco, answerable for payment of the defunct's moveable debts: which was repelled by the Lords; for it were not equitable, that, because the party provided himself of an heritable form of bond, that for that cause he should be in worse estate than they who had only moveable bonds.

Act. Peebles and Nicolson. Alt. Hope. Scot, Clerk.

Vid. penult. June, 1624, Haliday against Edgar; 11th December, 1632, Shaw; 7th December 1627, Porteous.

Page 20.