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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ALEXANDER GIBSON, OF DURIE.
Date: Falconer
v.
Blair
10 February 1629 Click here to view a pdf copy of this documet : PDF Copy
It was questioned, if the creditor to a defunct, by an heritable bond, might seek payment thereof from the defunct's executors, before the heir were first pursued therefore, as the pursuer contended; who affirmed that the heir, specially he being responsal, ought to pay the defunct's heritable debt, as the executors are obliged to pay the moveable: even as the executors have no right but only to the defunct's moveables; and the heir, to the defunct's goods immoveable,
and to his heritage; et quern sequantur commoda, debent etiam seqai incommoda, et quemque in suo genere. But this point was not decided; nor yet if the executor will get restitution thereof from the heir, the executor having paid the creditor that heritable debt. Act. Nicolson and Falconer. Alt. Stuart. Gibson, Clerk. Vid. 7th March 1629, betwixt thir parties.
Page 423.
The electronic version of the text was provided by the Scottish Council of Law Reporting