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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Creditors of James Byres v John Byres. [1628] 1 Brn 246 (16 February 1628) URL: http://www.bailii.org/scot/cases/ScotCS/1628/Brn010246-0594.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: The Creditors of James Byres
v.
John Byres
16 February 1628 Click here to view a pdf copy of this documet : PDF Copy
One Marishal is addebted to John Byres a certain quantity of bear bought from him; and for payment thereof, makes, on his deathbed, a bond to the said
John of L.1000 for the said bear. John Byres confirms himself as executor creditor and intromitter with the defunct's goods and gear; other creditors pursue him, as executor, for the debt owing to them by the defunct, and allege the bond on deathbed to be null, at the least not valid to exclude them from getting payment of their debt pro rata. He alleged, he has most cause of retention, because of the bond given to him for his just debt. The Lords sustained the bond and clause of retention. Page 73.
The electronic version of the text was provided by the Scottish Council of Law Reporting