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Sir William Johnston of Westerhall v Marquis of Annandale. [1726] Mor 13412 (21 June 1726)
URL: http://www.bailii.org/scot/cases/ScotCS/1726/Mor3113412-016.html Cite as:
[1726] Mor 13412
Where one pays another's Debt, without intention of benefiting him.
Sir William Johnston of Westerhall v. Marquis of Annandale
Date: 21 June 1726 Case No. No 16.
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A party having uplifted the defunct's rents, and applied the same for defraying the expenses of the funerals, it was found, That he, having done the same by the relict's order, was to be considered as her hand; and therefore that he was liable to account to the heir for his intromissions; seeing, if the relict were pursuing for an exoneration upon this head, it would be competent to object to her, that she had in her hands the defunct's moveables, which ought to be applied, in the first place, towards defraying the funeral expenses.
Fol. Dic. v. 2. p. 318.
*** Lord Kaimes's report of this case is No 4. p. 9281. voce Negotiorum Gester; and Edgar, No 3. p. 8486. voce Mandate.
