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[1744] 1 Elchies 123
Subject_1 EXECUTOR.
Creditors of Mr Murray, Competing
1744 ,Jan. 3, 13 .
Case No.No. 13.
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The Lords unanimously found that the lodging the money in Chalmers's hands did Hot put it out of Mr Murray's power, and that it remained in bonis of Mr Murray, but found sufficient evidence that the bill of L.288 was of the proceeds of Sir James Rochead's executry, and therefore found the creditors and nearest of kin of Sir James Rochead preferable to the creditors of Murray the executor; and adhered to the interlocutor as to Gordon's bill of L. 120 sterling, allowing him retention; and as to the question with Miss Murray as to the household furniture, there the chief question was anent Miss Murray's right of redeeming the household furniture, whether the creditors can take the benefit of it. The point anent the L.288 bill Arniston said never was pleaded, and gave his opinion for the alteration, and 13th January Adhered as to the L.288. I was in the Outer-House.
The electronic version of the text was provided by the Scottish Council of Law Reporting