BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!
 |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | |
Scottish Court of Session Decisions |
||
|
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Jean Boswell v Elizabeth Hamiltoune, Relict of John Kirkaldie. [1649] 1 Brn 421 (28 November 1649) URL: http://www.bailii.org/scot/cases/ScotCS/1649/Brn010421-1127.html |
||
[New search] [Printable PDF version] [Help]
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.
Date: Jean Boswell
v.
Elizabeth Hamiltoune, Relict of John Kirkaldie
28 November 1649 Click here to view a pdf copy of this documet : PDF Copy
In the process pursued by Jean Boswell against Elizabeth Hamiltoune, relict of John Kirkaldie, for 300 merks addebted by the said John to the said Jean, as intromissatrix with her umquhile husband's goods and gear;—it was excepted, That there was an executor confirmed; and, suppose he died within two or three months thereafter, yet there was another confirmed, quoad non executa; being a creditor, who had obtained sentence against the relict for those goods intromitted with by her, and that before the intention of the pursuer's cause. But the Lords would have all the testaments, and decreets or other writs, produced: because that common exception is receivable, where executors, merely representing the defunct, are confirmed, and not a creditor; especially seeing the first executor was the defender's brother, and the second, John Kirkaldie his son or nephew; and it seems collusion for to purge the universality of intromission two three years after the said intromission.
Page 69.
The electronic version of the text was provided by the Scottish Council of Law Reporting
