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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Fullerton v David Kinloch. [1739] 1 Elchies 435 (10 July 1739)
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Cite as: [1739] 1 Elchies 435
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[1739] 1 Elchies 435
Subject_1 SUCCESSION.
Fullerton
v.
David Kinloch
1739 ,July 10 .
Case No.No. 6.
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It was made a question, Whether heirs in Scotland are convenable for notes, books, debts, &c. contracted in England? where it was said heirs were not liable for debts wherein heirs were not specially mentioned and bound. (The President and Arniston seemed to differ as to the fact what was the law of England.) But the question was taken up upon this point, Whether supposing such were the law of England, the heirs in Scotland were not notwithstanding liable, because by the law of Scotland heirs are liable for such debts? The petition reclaimed against an interlocutor of mine finding the heir convenable, and the Lords pretty unanimously adhered, but Drummore seemed in the reasoning to doubt a little, and I did not hear his vote.
The electronic version of the text was provided by the Scottish Council of Law Reporting