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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Reid v Officers of State. [1747] 1 Elchies 52 (20 June 1747)
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Cite as: [1747] 1 Elchies 52
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[1747] 1 Elchies 52
Subject_1 BASTARD.
Reid
v.
Officers of State
1747 ,June 20 .
Case No.No. 1.
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Thomas Reid, as creditor to one now deceased, who was a bastard, pursued a process of cognition, and adjudication of his estate heritable and moveable, against the Officers of State, for having it declared that the defunct was a bastard, that the pursuer was a lawful creditor, and that the estate was affectable for his debts, and therefore to be adjudged to him. The Ordinary had allowed him a proof of the bastardy, and so it came before us as concluded to advise that proof. At first we doubted of that form of process, and therefore delayed till this day, when we agreed that the estate was liable and affectable; and where there was no donatar intromitting, thought this was the only way competent to a creditor, agreeably to Stair, Tit. Confiscation, § 46 and 47.
The electronic version of the text was provided by the Scottish Council of Law Reporting