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Scottish Court of Session Decisions >>
George, Lord Kinnaird, v Magdalen, Lady-Dowager of Kinnaird. [1773] Mor 5442 (16 November 1773)
URL: http://www.bailii.org/scot/cases/ScotCS/1773/Mor1305442-014.html Cite as:
[1773] Mor 5442
Subject_1 HERITABLE and MOVEABLE. Subject_2 SECT. I.
Nature and Distinctions of each.
George, Lord Kinnaird, v. Magdalen, Lady-Dowager of Kinnaird
Date: 16 November 1773 Case No. No 14.
A claim for a defunct heritor's share of the expense attending the division of a common, in which he had an interest, found to be a debt that affected the executor.
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It having been adjudged by a final decree of the Court, in November 1770,* in an action at the instance of Joseph Austin, and others, “in respect of the acquiescence in, and homologation of the division of the common, and decrees-arbitral in question, by the predecessors of Lord Kinnaird, that the pursuers are entitled to payment from the representatives of Charles Lord Kinnaird, of the sums libelled as his share of the expense of the said division;”—the next point was, how far these claims affect both the heir and executor of the said Charles, Lord Kinnaird, or only the executor?
The Lord Ordinary ‘found Lady Kinnaird, the executrix, liable in this expense, as being a moveable debt.’
And the Court adhered on a reclaiming petition and answers.
Act. Ja. Fergusson.Alt. Rae.Clerk, Campbell.
Fol. Dic. v. 3. p. 266. Fac. Col. No 90. p. 227.
