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Scottish Court of Session Decisions
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Lord Napier, &c. v Hamilton, &c. [1744] 1 Elchies 123 (10 February 1744)
URL: http://www.bailii.org/scot/cases/ScotCS/1744/Elchies010123-014.html
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[1744] 1 Elchies 123
Subject_1 EXECUTOR.
Lord Napier, &c
v.
Hamilton, &c
1744,
Feb.
10.
Case No. No. 14.
Click here to view a pdf copy of this documet : PDF Copy
The Lords found that the cautioners ought to have credit for debts paid by Mr Thomas Menzies before confirmation, notwithstanding he had intromitted with other moveables of the defenders without title, and that the creditors were not bound to instruct these intromissions exhausted.
The electronic version of the text was provided by the Scottish Council of Law Reporting