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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Murray v Crawfurd. [1738] 1 Elchies 177 (17 February 1736)
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Subject_1 HEIR CUM BENEFICIO.
Murray
v.
Crawfurd
Crawfurd
v.
Young;
and
Strachan's Creditors
v.
His Daughters
1736 ,Feb. 17 .1738 ,July 11 .
Case No.No. 1.
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The Lords found, (in the case of Murray against Crawfurd, 4th July 1735) that the heir cum beneficio could not stop the sale. 25th Norember, Altered.
In this grand question of the heir cum beneficio, the Lords adhered to the interlocutor 25th of November last, finding that the creditors could not carry on the sale, by the President's testing vote. Pro Minto, Drummore, Haining, Strichen, Tweddale, Dun, Leven. Con. Royston, Newhall, Justice-Clerk, Monzie, and ego. Kilkerran sick.—17th Feb. 1736.
The Lords (11th July 1738, in the cases of Crawford and Strachan) found that the creditors have a right to bring the estate to a sale, notwithstanding the heir offers the proven value. Pro were Royston, Justice-Clerk, Minto, Haining, Kilkerran, Balmerino, Monzie, Easdale, Murkle.
The electronic version of the text was provided by the Scottish Council of Law Reporting