If you found BAILII useful today, could you please make a contribution?

Your donation will help us maintain and extend our databases of legal information. No contribution is too small. If every visitor this month donates, 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!


BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Thomas Crawford v Earl of Murray. [1662] Mor 2613 (8 February 1662)
URL: http://www.bailii.org/scot/cases/ScotCS/1662/Mor0602613-063.html
Cite as: [1662] Mor 2613

[New search] [View without highlighting] [Printable PDF version] [Help]


[1662] Mor 2613      

Subject_1 COMPENSATION - RETENTION.
Subject_2 SECT. VII.

Effect Relative to Executors and Executors-creditors.

Thomas Crawford
v.
Earl of Murray

Date: 8 February 1662
Case No. No 63.

Compensation against the executor, is not competent to a debtor of the defunct, taking assignation to one of the defunct's debts after his death; but he will, in competition with other creditors, be in the same situation with his cedent, as of no such assignation had been made


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

Thomas Crawford, as executor-creditor, confirmed to umquhile Robert Inglis, as assignee by his relict, for satisfaction of her contract of marriage, pursues the Earl of Murray for payment of the sums confirmed, addebted by him to the said umquhile Robert.—The defender alleged compensation, because he had assignation to a debt due by the said umquhile Robert, which, as it would have been relevant against Robert himself, so must it be against his executor.—The pursuer replied; 1st, non relevat, unless the assignation had been intimate before the confirmation; but an executor-creditor having done diligence by confirmation, it is not in the power of any of the defunct's debtors, by taking assignation from any of his creditors, to prefer that creditor to any other creditor, which is nowise legitimus modus preferendi; but the creditors must be preferred only according to their diligence; 2dly, this pursuit being for implement of the relict's contract of marriage, and pursued to their behoof, hath, by our law and custom, preference to all other personal creditors, though having done more diligence.

The Lords found either of these two replys relevant to elide the defence, albeit the assignation was before any pursuit, moved upon the pursuer's confirmation.

Fol. Dic. v. 1. p. 162. Stair, v. 1. p. 95.

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


BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/scot/cases/ScotCS/1662/Mor0602613-063.html