Scottish Court of Session Decisions

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Cite as: [1630] Mor 3559

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[1630] Mor 3559

Subject_1 DISCUSSION.
Subject_2 DIVISION I.
Discussion of Heirs.
Subject_3 SECT. I.
Who have the benefit of Discussion.

Creditors of Fairly
v.
His Heirs

Date: 12 February 1630
Case No. No 2.
The heir of line must be discussed before the heir of conquest.

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If a creditor pursue registration of a bond both against the heir of line and and conquest, the heir of line offers to renounce, the heir of conquest oppones to the renunciation, and alleges no registration can be decerned against him, till the heir of line were first discussed;—The Lords ordain registration against both the heirs, but suspend execution till the heir of line be first discussed.
Fol. Dic. v. 1. p. 245. Auchinleck, MS, p. 6.

The electronic version of the text was provided by the Scottish Council of Law Reporting

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