[1745] 1 Elchies 124
Subject_1 EXECUTOR.
Cunningham's Creditors
v.
Gainer
1745 ,July 30 .
Case No.No. 17.
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Mary Gainer and her daughter were decerned executors upon a general assignation, which the creditors opposed, but the Commissary preferred her;—and now the question is, Whether the plate should be rouped to the highest bidder, or if she be allowed to keep them at the apprised value? The Commissary ordered them to be rouped. She raised advocation, and Tinwald remitted with instructions not to roup;—and the Lords Adhered, renit. President, Dun, et me.
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