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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> M'Douall v His Father's Creditors. [1744] 1 Elchies 124 (21 December 1744)
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Subject_1 EXECUTOR.
M'Douall
v.
His Father's Creditors
1744 ,Dec. 21 .
Case No.No. 18.
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The Lords found, that such debts as he was cautioner in for his father, whether the debts were paid by him before or after confirmation, he might pay himself, and therefore altered the Ordinary's interlocutor. 2dly, Also as to debts paid by him before confirmation, wherein he was not cautioner, he might pay himself;—and therefore altered the Ordinary's interlocutor also as to that point, which preferred him only pari passu with the other creditors.
The electronic version of the text was provided by the Scottish Council of Law Reporting