Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION reported by SIR ROBERT SPOTISWOODE OF PENTLAND.
Subject_2 Such of the following Decision as are of a Date prior to about the year 1620, must have been taken by Spotiswoode from some of the more early Reporters. The Cases which immediately follow have no Date affixed to them by Spotiswoode.

Anna Laavson
v.
Bartil Kello

Date: 15 January 1629

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Anna Lawson, executrix nominated by her umquhile husband, Alexander Lawson, indweller in London, pursued Bartil Kello for a bond of £20 sterling, owing by him to the defunct, and obtained decreet against him. Thereafter he suspended upon double poinding, by the executrix nominated on the onepart,—and Alison Lawson, sister to the defunct, who was confirmed executrix dative to her brother, for the same debt, on the other part. The two executrices coming to dispute which of them should be preferred, the first obtruded her nomination, approved in the prerogative court of Canterbury: in respect whereof non erat locus dativo; likeas she offered to confirm the same debt here at home. The other Alleged, That she, being executrix confirmed, should be preferred; and for the nomination, no respect should be had to it with us, it having been done in England: And, for her offer to confirm, let her do it; but she must reduce the other dative. The Lords preferred the executrix dative, she finding caution to refund it back again to the executrix nominate, if she should happen to reduce the dative thereafter.

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