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Scottish Court of Session Decisions >>
Russel v - . [1609] Mor 2546 (24 November 1609)
URL: http://www.bailii.org/scot/cases/ScotCS/1609/Mor0602546-002.html Cite as:
[1609] Mor 2546
Subject_1 COMPENSATION - RETENTION. Subject_2 SECT. I.
Nature of Compensation.
Russel v. -
Date: 24 November 1609 Case No. No 2.
Retention by the intromitter with a defunct's goods, of what was left in legacy to him, and of what was furnished by him to the defunct, in meat, drink, and other necessaries, a month or thereby before her decease, was found relevant against the executors pursuing for these goods.
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Euphan Russel in ——, executrix to umquhile ——, man and wife, thair pursewit ane ——, in ——, as intromitter with diverse the defunct's goods. It was alleged, That the defendar did na wrang for fifty merks, because the said sume was left to her in legacy be the defunct, being seik of the plague, and offerit to prove it be witnesses; whilk the Lords fand relevant. It was farder excepted, That she had retention of an hundred pounds; because, the defunct being put out of the part, the defendar had furnisht her meat, drink, and necessars to herself and her family, extending to ane hundred pounds.——The Lords ordainit her to condescend upon the time of the furnishing, and she declaring that it was at the least be the space of ane moneth before the parties decease, the Lords fand the exception relevant.
