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Cite as: [1713] Mor 2928

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[1713] Mor 2928      

Subject_1 CONDICTIO INDEBITI.

Creditors of Muirhead
v.
Hamilton

Date: 12 July 1713
Case No. No 6.

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A scotsman, who died a soldier in Flanders, having left a sum of money in the hands of his Colonel, which a creditor of his uplifted from the Colonel, by virtue of an administration in the Prerogative Court of Canterbury; the Lords found it relevant to assoilzie the creditor from repeating the money from executors qua creditors, confirmed before the Commissaries of Edinburgh, that he had got bona fide payment before any process or confirmation in Scotland.

Fol. Dic. v. 1. p. 187.

*** See The particulars of this case No 26. p. 1796.

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/1713/Mor0702928-006.html