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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Cornett Ogilvie v Stewart. [1737] 1 Elchies 121 (5 July 1737)
URL: http://www.bailii.org/scot/cases/ScotCS/1737/Elchies010121-003.html

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[1737] 1 Elchies 121      

Subject_1 EXECUTOR.

Cornett Ogilvie
v.
Stewart

1737, July 5.
Case No. No. 3.

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

The Lords altered the interlocutor, and because of the executrix's renunciation of the office in England, found she or Matthew Stewart has no right to sue for this note; and separatim sustained the discharge by the administrator, reserving Matthew Stewart's action against the administrator in England as accords. This carried by a great majority, inter quos Arniston, though he had been Lawyer and wrote the answers for Mr Stewart.

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/1737/Elchies010121-003.html