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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Mr Andrew Dicke v His Brother's Relict. [1650] 1 Brn 466 (12 January 1650)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.
Date: Mr Andrew Dicke
v.
His Brother's Relict
12 January 1650 Click here to view a pdf copy of this documet : PDF Copy
In the action between Mr Andrew Dicke, executor confirmed to his brother Lewis, [and] his said brother's relict; [she] craved her half of the moveables; and that he would instruct, by the writs in his hand, upon oath, with certification, and make payment conform; she finding caution to make forthcoming the whole, for payment of her proportionable part of any debts emergent, whereunto he could be liable as executor; in respect he could not instruct what was aughting by his brother, but the creditors behoved to do it at their pleasure; which caution was used to be found by legators, and is called, in the civil law, cautio Muciana.
Page 161.
The electronic version of the text was provided by the Scottish Council of Law Reporting