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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Lord Elphinston v Eason's [or Laurie's] Creditors, Relict, and Bairns. [1633] 1 Brn 339 (31 January 1633)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: Lord Elphinston
v.
Eason's [or Laurie's] Creditors, Relict, and Bairns
31 January 1633 Click here to view a pdf copy of this documet : PDF Copy
My Lord Elphinston, having obtained a decreet for a certain sum against Eason, arrests, in some of Eason's debtors' hands, certain sums addebted by them to him; in the meantime Eason dies; after his decease, Elphinston intents action against Eason's debtors, for making the arrested goods forthcoming; and, in this action, calls the defunct's relict and bairns to represent the defunct for their interest. It was alleged, No process upon this summons; because no decreet is obtained, at my Lord's instance, against the defunct's relict or executors, constituting them debtors; and, until this be done, there can be no process against the debtors to make the arrested goods forthcoming. Which exception the Lords found relevant.
The like found, 3d February 1633, Creigh against Mr Alexander Kinneir.
Page 12.
The electronic version of the text was provided by the Scottish Council of Law Reporting