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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Mitchell v Mitchell of Blairgorts. [1737] 1 Elchies 121 (23 June 1737)
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Cite as: [1737] 1 Elchies 121
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[1737] 1 Elchies 121
Subject_1 EXECUTOR.
Mitchell
v.
Mitchell of Blairgorts
1737 ,June 23 .
Case No.No. 2.
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The Lords found, that Patrick Mitchell having confirmed the 2000 merks and interest thereof as creditor to his brother James Mitchell, tailor, to whom he was nearest of kin,, the property thereof belonged to Patrick from the time of the confirmation, and was in bonis of Patrick at his death; and that James Mitchell the son and executor of Patrick having confirmed the same might habilely assign the same to Blairgorts; and found the confirmation of James the pursuer executor quoad non executa to old James qua creditor to James the son of Patrick was inept and void;—and therefore found Blairgorts the assignee preferable, and remitted to the Ordinary to proceed accordingly.
The electronic version of the text was provided by the Scottish Council of Law Reporting