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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.
Date: William Watsone
v.
Thomas and Alexander Haliburntones
4 January 1650 Click here to view a pdf copy of this documet : PDF Copy
In the action by William Watsone, factor for Robert Rinde, against Thomas and Alexander Haliburntones, as intromitters with the goods and gear of umquhile Andrew Brand, debtor to the said Robert;—it was excepted, That there was an executor confirmed to the said Andrew before the intention of the cause. Whereto itwas answered, That a creditor [who has] confirmed himself executor, is not such an executor as is to be understood in that maxim of our law; since that confirmation is but of a late beginning, and who confirms commonly but so much as may pay himself, and is answerable for the surplus to any who shall confirm, and so is executor ατα τι. But it is to be understood of him who is executor, ολωζ, whether by being nominated or surrogated; whose confirmation, before the intention of the cause, does purge the vitiosity of intromission. Which the Lords found relevant.—See Page 472.
Page 133.
The electronic version of the text was provided by the Scottish Council of Law Reporting