[1713] Mor 2928
Subject_1 CONDICTIO INDEBITI.
Date: Creditors of Muirhead
v.
Hamilton
12 July 1713
Case No.No 6.
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A scotsman, who died a soldier in Flanders, having left a sum of money in the hands of his Colonel, which a creditor of his uplifted from the Colonel, by virtue of an administration in the Prerogative Court of Canterbury; the Lords found it relevant to assoilzie the creditor from repeating the money from executors qua creditors, confirmed before the Commissaries of Edinburgh, that he had got bona fide payment before any process or confirmation in Scotland.
*** See The particulars of this case No 26. p. 1796.
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