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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: -
v.
Douglas
20 July 1629 Click here to view a pdf copy of this documet : PDF Copy
A. B. pursues Douglas as universal intromittrix with her father's goods and gear. To the which it was answered, That she cannot be called eo nomine, because A. G. had confirmed himself executor. To which it was replied, That the said confirmation was only for his own particular debt as a creditor; and this kind of executory could furnish no action to constitute him debtor to other creditors, and could not hinder other creditors to pursue the wrongous intromitter. The Lords sustained no action against the defender as universal intromittrix; and gave it in the option of the pursuer, either to take a dative ad omissa, or to pursue the defender for all the particulars that she had intromitted with.
Page 103.
The electronic version of the text was provided by the Scottish Council of Law Reporting