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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Tran and His Creditors v Weir. [1737] 1 Elchies 156 (29 June 1737)
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Cite as: [1737] 1 Elchies 156
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[1737] 1 Elchies 156
Subject_1 FORUM COMPETENS.
Tran and His Creditors
v.
Weir
1737 ,June 29 .
Case No.No. 3.
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The question being, Whether the Commissaries of Glasgow or Hamilton were the proper Court for confirming Tran's testament? the creditors had applied to the Commissary Court of Glasgow, upon which the Commissary of Hamilton gave out an inhibition to the Commissary to proceed; and upon his contempt they presented a bill of advocation; and the first question was, Whether, since the late act of Parliament against forcing parties to confirm, it be competent to the Commissary of Glasgow to hinder the creditors or their principal to confirm where they please? and the Lords found it not competent.
The electronic version of the text was provided by the Scottish Council of Law Reporting