[1749] 1 Elchies 497
Subject_1 ULTIMUS HÆRES.
Ferguson
v.
The Officers of State
1749 ,Feb. 2 .
Case No.No. 1.
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A man, Ferguson, pursued the Crown and Officers of State to cognosce certain debts due to him by a defunct, to whom the Crown is left heir; and as to many particulars of horses, cows, &c. proved a sale, and we gave decreet; but as to others, he proved his own poinding the goods from some of his tenants, and their being delivered to the defender, but did not prove whether in sale, or whether for ready money, or in trust, or in payment of debt; and therefore we found that part of the libel not proven, agreeably to Stair's opinion, (B. 4. T. 30. § 9.) and the decision Scot of Gorrinberry, (Dict. No. 624. p. 12,727.)
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