British
and Irish Legal Information Institute
Freely Available British and Irish Public Legal Information
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Kennedy v Creditors of Crichen. [1741] 5 Brn 710 (24 June 1741)
URL: http://www.bailii.org/scot/cases/ScotCS/1741/Brn050710-0861.html
[New search] [Printable PDF version] [Help]
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by JAMES BURNETT, LORD MONBODDO.
Date: Kennedy
Creditors of Crichen
24 June 1741 Click here to view a pdf copy of this documet : PDF Copy
[Kilk., No. 8, Prescription; C. Home, No. 172.]
The Lords found, That in this case the heir is not eadem persona cum de-functo, and that his account is not the account of the defunct, and that no merchant would state the articles furnished to the heir, to the defunct's account, but to his own ; and therefore, found the prescription run. This carried only by one vote, Dissent. Arniston.
N.B.—It was supposed that a debt could not be constituted by the oath of credulity of the heir, to the prejudice of the other creditors.
The electronic version of the text was provided by the Scottish Council of Law Reporting