Scottish Court of Session Decisions

Subject_1 HEIR and EXECUTOR.
Subject_2 SECT. II.

Mutual Relief.

Maxwell of Monreith
v.
Houston of Calderhall

Date: 12 July 1717
Case No. No 12.

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An heir male evicting the estate from the heirs of line who had entered, and upon the faith that the estate was their own, had paid several debts; the question occurred, if relief was competent to them against the heir-male. It was pleaded for them, That he ought to be ultimately liable who enjoyed the defunct's estate, seeing it is most rational, that the defunct's debts should be paid out of his effects; upon this footing stands the relief betwixt the heir and executor. ——The Lords found no relief competent.

This was reversed by the House of Lords. See Appendix.

Fol. Dic. v. 1. p. 356.