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Scottish Court of Session Decisions >>
Creditors of Thomson v Monro. [1730] Mor 534 (00 July 1730)
URL: http://www.bailii.org/scot/cases/ScotCS/1730/Mor0200534-074.html Cite as:
[1730] Mor 534
Subject_1 ANNUALRENT. Subject_2 ANNUALRENT due by Executors.
Creditors of Thomson v. Monro
1730.
July. Case No. No 74.
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An executor-creditor having confirmed and uplifted sums not bearing annualrent, and having a balance in his hand, after payment of his own debt, which he laid out upon interest; he was found liable to account to the other creditors for the neat balance, only not the profits; because an executor-creditor is not bound like a tutor, to lay out upon interest the sums he uplifts; and if he does it, the risk is his own.
