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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Laing v Nicol. [1741] 1 Elchies 42 (8 July 1741)
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Cite as: [1741] 1 Elchies 42
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[1741] 1 Elchies 42
Subject_1 ASSIGNATION.
Laing
v.
Nicol
1741 ,July 8 .
Case No.No. 4.
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The question whereof we doubted was, how a creditor of a general disponee can make a title to the effects of the defunct falling under the general disposition, since an arrestment is not sufficient, but he must confirm before extract; and for my share, I could not see how such creditor, either of a general disponee, or an executor and universal legatee nominate, can confirm the defunct's testament, the act 1695 having provided a remedy only to the creditors of nearest of kin. This point we remitted to be heard before the Ordinary.
The electronic version of the text was provided by the Scottish Council of Law Reporting