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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Robert Stewart v Thomas Fisher. [1623] Mor 3588 (10 December 1623)
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Cite as: [1623] Mor 3588
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[1623] Mor 3588
Subject_1 DISCUSSION.
Subject_2 DIVISION II. Discussion of Principal Debtors and Cautioners.
Subject_3 SECT. III. What understood Sufficient Discussion.
Date: Robert Stewart
v.
Thomas Fisher
10 December 1623
Case No.No 46.
Found as above.
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Found the cautioners in a testament cannot be convened, while the executor be discussed et in persona et in bonis; and the Lords fand, that horning and caption was not sufficient discussing. The like found before between Arnot and Rochied.
Fol. Dic. v. 1. p. 249. Kerse, MS. fol. 133.
The electronic version of the text was provided by the Scottish Council of Law Reporting