Robert Dickie Maltman in Alloway, v. Margaret Cowie and Others
Date: 16 December 1705 Case No. No 5.
An heir having made himself liable for his predecessor's debt by entering, the creditors were found entitled on his death to confirm themselves executors creditors to him, without taking decree of constitution.
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Robert Dickie maltman in Alloway, creditor to John Cowie elder of Mains-bothkenner in the sum of 500 merks and some annualrents thereof, having confirmed himself executor qua creditor to John Cowie (who was heir served and executor confirmed to old John his father) without constituting the debt by a sentence against him in his lifetime, The Lords sustained process at Dickie's instance against Margaret Cowie and others, as debtors to John Cowie younger; because, young John by entering heir, and confirming himself executor to his father being subjected in his own lifetime to the father's debts; as the Commissary might have decerned him, if alive, to pay the debt, so he might, upon an edict served without objection, and caution found, justly decern one of the father's creditors executor qua creditor to the son.
