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[1627] 1 Brn 235      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.

Kerr, Tailor,
v.
Lady Collington

Date: 7 July 1627

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A creditor of the defunct's husband pursues his relict, as executrix for the debt, and refers the same to the relict's oath; who being holden pro confessa, yet the Lords, advising the cause, find this probation of the debt will not infer exoneration to the executrix, if any other creditor pursue; but the Lords or dained her to pay the debt, and the pursuer to find caution to make the sum forthcoming to other creditors, as law will.

Page 73.

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/1627/Brn010235-0544.html