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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Executors of Principal Smith v The Heir. [1737] 1 Elchies 180 (7 July 1737) URL: http://www.bailii.org/scot/cases/ScotCS/1737/Elchies010180-006.html |
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Subject_1 HERITABLE AND MOVEABLE.
Executors of Principal Smith
v.
The Heir
1737 ,July 7 ,Nov .11 .
Case No.No. 6.
Click here to view a pdf copy of this documet : PDF Copy
The Lords altered the Ordinary's interlocutor, and found the whole sums moveable, in respect the lands were sold by the trustees and fides habita de pretio before the principal's death. But if it had not been that case I believe we should have found the sums Heritable, though not very consistently with a former decision 21st January 1736, (No. 4.) 11th November 1737 The Lords adhered as to so much of the price as falls to this debt.
The electronic version of the text was provided by the Scottish Council of Law Reporting
