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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Lord Napier, and others, v Hamilton of Olivestob, and Mr James Baillie, Cautioners for Menzies of Lethem. [1744] 2 Elchies 175 (10 February 1744)
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Subject_1 EXECUTION.
Date: Lord Napier, and others,
v.
Hamilton of Olivestob, and Mr James Baillie, Cautioners for Menzies of Lethem
10 February 1744
Case No.No. 14.
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The heir having paid sundry of his predecessor's debts, (for which he was liable qua heir,) and having afterwards confirmed executor, his cautioners in the confirmation were allowed to state the debts paid by him without sentence before confirmation, in order to exhaust the inventory, notwithstanding of his being heir. After confirmation he could not pay but upon sentence; we thereafter found, that the cautioners ought to have credit for those debts paid by the executor before confirmation, though he had intromitted with other valuable moveables of the defunct's without title; and found that the cautioners were not bound to prove those intromissions otherways exhausted. (See Dict. No. 31. p. 3849).
The electronic version of the text was provided by the Scottish Council of Law Reporting