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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Colonel Bog [or Brog] v William Bailly and Others. [1630] 1 Brn 311 (22 June 1630)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: Colonel Bog [or Brog]
v.
William Bailly and Others
22 June 1630 Click here to view a pdf copy of this documet : PDF Copy
Colonel Bog pursues William Bailly and others, who had given advice to the said William to confirm William Brown's testament, to hear and see a bond of the said defunct William Brown's transferred against them, as universal intromitters with the defunct's goods and gear. It was answered by the defenders, That neither they nor the said William Bailly could be convened as universal intromitters, because there was an executor confirmed within year and day; and the rest of the defenders, for giving of their advice and bonds to warrant the said William Bailly of any farther danger that he could incur nor his intromission conform to the testament, could give Colonel Bog, the pursuer, no action of transferring against them. Which exception the Lords found relevant, and decerned, transferring only against the executor confirmed.
Page 75.
The electronic version of the text was provided by the Scottish Council of Law Reporting