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[1630] Mor 3035      
Subject_1 CONFUSIO.

Dr Hairt
 v.
Patrick his Brother

 Date: 18 March 1630
Case No. No 2.

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If a creditor fall to be executor to the debtor, there can be no action at the creditor's instance against the heir for that debt; because both creditor and defender are confounded in one person.

 Fol. Dic. v. 1. p. 195. Auchinleck, MS. p. 75.

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/1630/Mor0703035-002.html