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Cite as: [1610] Mor 3587

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[1610] Mor 3587      
Subject_1 DISCUSSION.
Subject_2 DIVISION II.

Discussion of Principal Debtors and Cautioners.
Subject_3 SECT. III.

What understood Sufficient Discussion.

Scrogie
 v.
The Constable of Dundee

Date: 27 June 1610
Case No. No 44.

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He who has decreet against an executor, discusses him sufficiently by horning, and needs no further diligence before he have recourse to the cautioner for the confirmation of the testament.——The Lords will not grant an allowance of large funeral expenses to the executor, if the defunct had not free gear more than might pay his debts.

 Fol. Dic. v. 1. p. 249. Haddington, MS. No 1924.

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/1610/Mor0903587-044.html