Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN BAIRD OF NEWBYTH.

The Goldsmiths of Edinburgh
v.
Robert Halyburton

Date: 10 December 1664

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The Goldsmiths of Edinburgh having recovered a decreet against Robert Halyburton, as representing his father, for payment of a sum of money owing to them; the charge being suspended upon this reason,—that the Goldsmiths had confirmed themselves executors-creditors to the defunct, who was their debtor; by virtue whereof they had intromitted with, at least might have intromitted with, as many of the defunct's goods and gear as might have satisfied the debt owing to them. To which it was answered, That their confirmation being only before the commissaries of Edinburgh, and not before the commissary of Glasgow, within whose jurisdiction he died, the executors-creditors could do no diligence effectively. The Lords found the creditors were not liable to do diligence against the defunct's debtors, seeing they were confirmed a non suo judice.

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