James Lees, Merchant in Glasgow, v. Robert Dinwoodie, Merchant there
Date: 10 December 1707 Case No. No 10.
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The debtor of a defunct assoilzied in a pursuit at the executor's instance, by compensation upon a debt due by him to the defunct, being reconvened on the same account by another executor, who offered to improve incidenter, the execution of the edict whereupon the first confirmation proceeded, the Lords found, that the defender was not obliged to abide by the verity of the execution, and that improbation was not competent in that state of the process.
Fol. Dic. v. 1. p. 169.
*** See The particulars of this case voce Executor.
