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URL: http://www.bailii.org/scot/cases/ScotCS/1610/Mor0903563-009.html
Cite as: [1610] Mor 3563

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[1610] Mor 3563      
Subject_1 DISCUSSION.
Subject_2 DIVISION I.

Discussion of Heirs.
Subject_3 SECT. II.

No Benefit of Discussion betwixt Heir and Executor.

Hill
 v.
Kinloch

Date: 24 May 1610
Case No. No 9.

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An obligation heritable made by him who might have an heir, being transferred, after his decease, against his executor, or the intromitter with his goods and gear, will only have execution against them for the annualrent resting owing before the defunct's decease, but not for the principal sum or annualrent of years after his decease, which is only competent against his heir, or against his apparent heir intromitting with his goods and gear.

 Fol. Dic. v. 1. p. 246. Haddington, MS. No 1868.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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URL: http://www.bailii.org/scot/cases/ScotCS/1610/Mor0903563-009.html