Subject_1 HERITABLE AND MOVEABLE.
Executors of Principal Smith
v.
The Heir
1737 ,July 7 ,Nov .11 .
Case No.No. 6.
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The Lords altered the Ordinary's interlocutor, and found the whole sums moveable, in respect the lands were sold by the trustees and fides habita de pretio before the principal's death. But if it had not been that case I believe we should have found the sums Heritable, though not very consistently with a former decision 21st January 1736, (No. 4.) 11th November 1737 The Lords adhered as to so much of the price as falls to this debt.
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