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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> James Lees, Merchant in Glasgow, v Robert Dinwoodie, Merchant there [1707] Mor 2702 (10 December 1707)
URL: http://www.bailii.org/scot/cases/ScotCS/1707/Mor0702702-010.html
Cite as: [1707] Mor 2702

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[1707] Mor 2702      

Subject_1 COMPETENT.
Subject_2 SECT. III.

Is Reduction requisite of Decrees-dative?

James Lees, Merchant in Glasgow,
v.
Robert Dinwoodie, Merchant there

Date: 10 December 1707
Case No. No 10.

Click here to view a pdf copy of this documet : PDF Copy

The debtor of a defunct assoilzied in a pursuit at the executor's instance, by compensation upon a debt due by him to the defunct, being reconvened on the same account by another executor, who offered to improve incidenter, the execution of the edict whereupon the first confirmation proceeded, the Lords found, that the defender was not obliged to abide by the verity of the execution, and that improbation was not competent in that state of the process.

Fol. Dic. v. 1. p. 169.

*** See The particulars of this case voce Executor.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1707/Mor0702702-010.html