Select Cases And Other Authorities On the Law of Property volume 4
Select Cases And Other Authorities On the Law of Property volume 4
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wliic'h tlioy claimed to be reimbursed by the produce of these goods. If these goods were in hiw bound by the deliver}' to the defendants of the writ against the goods of Reid, the return is not false : but if the}' were not so bound, it was a false return. Before I consider the law, I will say a word upon the justice of the case. And I think no man can pause a moment upon it. Goods are delivered by the law into the hands of a man for the purpose of dividing them amongst the creditors, legatees..., and next of kin, of another, whose goods they were. Their value we will suppose £1, 000, The debts and legacies we will suppose £500. On the day those goods are delivered to the executor, before the testator's creditors can recover their debts, a fieri facias for £2, 000 against his goods is delivered to the sheriff. It is urged that these goods, the moment the writ is delivered, are bound to pay the debt of the executor, and that neither the creditors, nor lega- tees, nor next of kin, shall receive one farthing.
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