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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.
Date: Smith
v.
Nicolsones
14 July 1649 Click here to view a pdf copy of this documet : PDF Copy
In the suspension, Smith against Nicolsones, minors, the reason was, That he, being executor, had the benefit of inventory, and could pay no more of the defunct his debts than did exhaust the same; but so it was, that all was exhausted by decreets lawfully obtained. The Lords found, That he behoved to say that payment was already made before the intention of the chargers their action: for, if payment was not yet made, it behoved him yet to suspend against them all in a multiplepoinding, notwithstanding that his informal decreet of exhausting the inventory, as he calls it, obtained before the Lords; that the several creditors their reasons of preference may be discussed. So the Lords found the letters orderly proceeded, but qualified in manner foresaid; and that the executor get suspension through caution.
Page 62.
The electronic version of the text was provided by the Scottish Council of Law Reporting