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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Elizabeth Brodie and Others v Archibald Stewart. [1757] 5 Brn 341 (20 December 1757)
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Cite as: [1757] 5 Brn 341
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[1757] 5 Brn 341
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JAMES FERGUSON OF KILKERRAN.
Date: Elizabeth Brodie and Others
v.
Archibald Stewart.
20 December 1757 Click here to view a pdf copy of this documet : PDF Copy
This case is reported in Fac. Col. (Mor. 3912.) Lord Kilkerran has the following note of the opinions of the Judges:—
“Colston said, that a decree dative vests the right before confirmation. The person decerned has right to intromit, and from that time he was accountable to his brothers and sisters, and upon that he put his opinion. Kames et alii put it upon the obligation.”
“December 20, 1757.—The Lords found the pursuer entitled to her share of the debts as well as of the moveables.”
The electronic version of the text was provided by the Scottish Council of Law Reporting