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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Mirrie, and Lockhart, v Inglis. [1738] 1 Elchies 121 (7 November 1738)
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Subject_1 EXECUTOR.
Mirrie, and Lockhart,
v.
Inglis
1738 ,Nov. 7 .
Case No.No. 5.
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The Lords were all of opinion, that when there are more executors-creditors confirmed, a debtor of the executry cannot lawfully pay one of these executors, without the knowledge or consent of the other executors-creditors but upon the peril of the payer; and as Mr Inglis did not pretend to a bona fides, and indeed was in mala fide, the Lords disallowed the payments made by him to William Inglis, and adhered to the Ordinary's interlocutor.
The electronic version of the text was provided by the Scottish Council of Law Reporting