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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Mirrie, and Lockhart, her Husband, v Inglis. [1738] 2 Elchies 172 (7 November 1738) URL: http://www.bailii.org/scot/cases/ScotCS/1738/Elchies020172-005.html Cite as: [1738] 2 Elchies 172 |
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[1738] 2 Elchies 172
Subject_1 EXECUTION.
Mirrie, and Lockhart, her Husband,
v.
Inglis
1738 ,November 7 .
Case No.No. 5.
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A debtor of the executory cannot lawfully pay one of the executors-creditors, without the knowledge or consent of the rest, but upon his own peril; and therefore such a payment made to an executor-creditor, whose debt was afterwards reduced, whereof the payer could not pretend ignorance, that payment was disallowed in a process at the instance of another ef the executors-creditors. (See Dict. No. 62. p. 16115.)
The electronic version of the text was provided by the Scottish Council of Law Reporting