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[1666] 2 Brn 427      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.

Dounie
v.
Young

Date: 10 November 1666

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In this case found, That an executor recovering a sentence in his own lifetime, albeit he get no payment nor intromit with the sum decerned, yet that sentence makes the testament to be executum in quantum; and there is no place to a dative quoad non executa, albeit the executor was but a stranger and had not jus sanguinis.

Act. Wallace. Alt. Lockhart. Advocates' MS. folio 56.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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