Subject_1 EXECUTOR.
Lord Napier, &c
v.
Hamilton, &c
1744 ,Feb. 10 .
Case No.No. 14.
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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.
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