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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Daniel Fraser and Others v James Gibb. [1784] Hailes 941 (10 February 1784)
URL: http://www.bailii.org/scot/cases/ScotCS/1784/Hailes020941-0614.html
Cite as: [1784] Hailes 941
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[1784] Hailes 941
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 EXECUTOR.
Subject_3 Debtors are not bound to make payment to Executors or Nearest of Kin, unless confirmation has been obtained as to their full debts.
Date: Daniel Fraser and Others
v.
James Gibb
10 February 1784 Click here to view a pdf copy of this documet : PDF Copy
[Faculty Collection, IX. 125; Dictionary, 3921.]
Eskgrove. A partial confirmation vests a right in all parties concerned; but beyond that it does not reach. The debtor may pay safely, but he cannot be compelled to pay.
Braxfield. The Court has gone far enough in relieving the lieges from the burden of confirmation: a partial confirmation gives a jus ad rem, but not a jus in re.
On the 10th February 1784, “The Lords remitted to the Ordinary to pass the bill;” altering the interlocutor of Lord Swinton; being clear.
Act. G. Ferguson. Alt. Mat. Ross.
The electronic version of the text was provided by the Scottish Council of Law Reporting