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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> William Wilson v - . [1751] 5 Brn 788 (4 June 1751)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. Collected by JAMES BURNETT, LORD MONBODDO.
Subject_2 MONBODDO.
Date: William Wilson
v.
-
4 June 1751 Click here to view a pdf copy of this documet : PDF Copy
The Lords found, that a nearest of kin having recovered a decreet of constitution against a debtor of the defunct, and thereupon adjudged, but without confirmation, the adjudication was good, though objected to by the creditors of that debtor, as proceeding upon a decreet of constitution that was null, being without confirmation.
N.B. Here the question was with the creditors of the debtor; but, quære, What would have been the law if the question had been with the creditors of the defunct, confirming this debt?
The electronic version of the text was provided by the Scottish Council of Law Reporting