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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> James Mitchell v Mitchell of Blairgorts. [1737] 2 Elchies 171 (23 June 1737)
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Cite as: [1737] 2 Elchies 171
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[1737] 2 Elchies 171
Subject_1 DEATH-BED
James Mitchell
v.
Mitchell of Blairgorts
1737 ,June 23 .
Case No.No. 1.
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James Mitchell, taylor, was creditor to Alderston in 2000 merks. Patrick his brother, and nearest in kin, confirmed it qua creditor to his brother, but did not recover payment, but only the annualrents. James the son of Patrick, confirmed it as in bonis of Patrick his father, and assigned it to Mitchell of Blairgorts; and after Patrick's death, another James Mitchell, qua creditor to James the son of Patrick, who then became nearest of kin to the taylor, the original creditor, confirmed it as in bonis of the taylor upon the act 1695, c. 41, for payment of his debt: But in the competition, the Lords found that Patrick, who was nearest of kin to his brother the taylor, having confirmed it as creditor to his brother, the property was in bonis of Patrick at his death, and being confirmed by his son James as executor to him, might be habily assigned by him; and found the confirmation upon the act 1695 was inept, and therefore preferred Blairgorts. (See Dict. No. 88. p. 3900.)
The electronic version of the text was provided by the Scottish Council of Law Reporting