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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Nisbet v Balfour. [1741] Mor 3859 (19 February 1741)
URL: http://www.bailii.org/scot/cases/ScotCS/1741/Mor0903859-046.html
Cite as: [1741] Mor 3859

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[1741] Mor 3859      

Subject_1 EXECUTOR.
Subject_2 SECT. V.

In what cases Executors may make Payment.

Nisbet
v.
Balfour

Date: 19 February 1741
Case No. No 46.

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Regularly an executor against whom decree is obtained, is not to be found liable in expense, because he cannot safely pay without a decree for his warrant; but where the debt was due by a bond containing a penalty, as the penalty is no less the defunct's debt than the principal sum, the creditor was found entitled to the penalty to the extent of his expense, which would be allowed to the executor at accounting for the executry.

Fol. Dic. v. 1. p. 191. Kilkerran, (Executor) No 6, p. 173.

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/1741/Mor0903859-046.html