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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Thomas Sempill v F. Fordel. [1487] Mor 5203 (19 January 1487)
URL: http://www.bailii.org/scot/cases/ScotCS/1487/Mor1305203-005.html
Cite as: [1487] Mor 5203

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[1487] Mor 5203      

Subject_1 HEIR and EXECUTOR.
Subject_2 SECT. II.

Mutual Relief.

Thomas Sempill
v.
F Fordel.

Date: 19 January 1487
Case No. No 5.

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He that is auchtand, or has paid in name and behalf of ony uther that is deceist, ony debt, or sowmis of money, and is desirous to have his relief thairof, aucht and sould first call and persew befoir the spiritual Judge his executouris, to frie and relieve him of the said sowme or debt, at the handis of the creditouris, gif the principal debtour that is deceist had movabill gudis the time of his deceis: Bot gif thair was not sufficient movabill gudis, the air of the principal debtour deceist may be callit and persewit befoir the temporal Judge, for the effect foirsaid; because in all sic caisis the movabill gudis intromettit with be the executouris aucht and sould be first discust, befoir ony gudis, geir, or landis pertening to the air.

Balfour, (Heir.) No 10. p. 221.

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/1487/Mor1305203-005.html