Sir John Baird v. The Other Creditors of Mr Hugh Murray.
Date: 4 January 1744 Case No. No. 12.
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Mr. Hugh Murray, executor nominate, having confirmed Sir James Rochead's moveables, appointed a factor to uplift the moveable debts. Accounts were settled betwixt them in September 1740, and a bill was granted by the factor for the balance, and Mr. Murray gave him a discharge, both of which proceeded on a fitted account. Mr. Murray dying a year or two after, his executors confirmed the bill as in bonis of him. On the other hand, the nearest of kin of Sir James Rochead claimed it as coming in place of the proceeds of Sir James Rochead's executry. The Lords found, That there is sufficient evidence that the sum contained in the bill was part of the proceeds of Sir James Rochead's executry, and that therefore Sir James' nearest of kin are preferable for the sum in the said bill to the other creditors of Mr. Murray.
Fol. Dic. v. 4. p. 318. Rem. Dec.
*** This case is No. 15. p. 7737. voce Jus QuÆsitum tertio.
