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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: -
v.
The Laird of Rentone
5 March 1629 Click here to view a pdf copy of this documet : PDF Copy
The procurator-fiscal being decerned executor, surrogates certain of the defunct's creditors, who thereafter confirm the defunct's testament. Another of the defunct's creditors pursues one, to whom the creditor surrogated by the procurator-fiscal, had sold some of the defunct's goods and gear, before the confirmation, but after the surrogation, as universal intromitter with the defunct's goods and gear. It is excepted by the defender, That he bought the gear from the parties who were decerned executors, shortly after confirmed. It was replied, That the defenders had no right to dispone before confirmation. The Lords repelled the reply, and admitted the exception.—5th March 1629,—against The Laird of Rentone; who bought some sheep pertaining to the umquhile William Douglass of Blachirstoune, from the dative.
Page 49.
The electronic version of the text was provided by the Scottish Council of Law Reporting