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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> M'Douall v His Father's Creditors. [1744] 2 Elchies 176 (21 December 1744) URL: http://www.bailii.org/scot/cases/ScotCS/1744/Elchies020176-018.html |
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Subject_1 EXECUTOR.
Date: M'Douall
v.
His Father's Creditors
21 December 1744
Case No.No. 18.
Click here to view a pdf copy of this documet : PDF Copy
Charles M'Douall was cautioner for his father in sundry debts, and being named executor he confirmed. None of the other creditors having done diligence within the six months, he before his confirmation paid debts, for some of which he was cautioner, and for others he was not, and after confirmation he also paid some debts for which he was cautioner. In the competition with his father's other creditors, we found that he could pay himself all debts due to him before confirmation, or wherein he was cautioner; and therefore those debts paid by him before confirmation, as well as those debts wherein he was cautioner, though paid after confirmation; and preferred him to the creditors who did no diligence within six months. Vide inter eosdem voce Heir cum beneficio.(See Dict. No. 25. p. 10007.)
The electronic version of the text was provided by the Scottish Council of Law Reporting
