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.