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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Tran and his Creditors, v Weir, Commissary of Hamilton. [1737] 2 Elchies 211 (00 1737) URL: http://www.bailii.org/scot/cases/ScotCS/1737/Elchies020211-003.html Cite as: [1737] 2 Elchies 211 |
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[1737] 2 Elchies 211
Subject_1 FORUM COMPETENS.
Tran and his Creditors,
v.
Weir, Commissary of Hamilton
1737 .
Case No.No. 3.
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The Lords found, that since the 26th act 1690, forbidding charges to confirm testaments, the executor may confirm in what Commissariot he pleases upon his peril; and that though it be before an incompetent one, yet the Commissary who is competent cannot issue an inhibition to proceed, nor advocate to the Session on that ground.
The electronic version of the text was provided by the Scottish Council of Law Reporting