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Scottish Court of Session Decisions >>
James Oliphant v Joseph Ormiston. [1695] 4 Brn 272 (22 February 1695)
URL: http://www.bailii.org/scot/cases/ScotCS/1695/Brn040272-0611.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
James Oliphant v. Joseph Ormiston
Date: 22 February 1695
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Halcraig reported James Oliphant against Joseph Ormiston, Whether he was obliged to stand to a division that was made of his debtor's effects and debts, and the executor was therein exonered: For, where an executor is convened within the year, not having got time to discuss and ingather the inventory of the testament, and not being liable ultra vires inventarii, he is only obliged to assign; and this was equivalent.
The Lords referred it to the Ordinary, to try if Ormiston was cited or not; his factor's appearance not being sufficient without a special mandate, as he lived without the kingdom then.
