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Hamilton v Bishop of Galloway's Relict. [1628] Mor 3388 (4 July 1628)
URL: http://www.bailii.org/scot/cases/ScotCS/1628/Mor0803388-035.html Cite as:
[1628] Mor 3388
Subject_1 DEBTOR AND CREDITOR. Subject_2 SECT. III.
A Creditor receiving payment from a Cautioner, must assign every separate security for the debt. By passing from his separate security he liberates the Cautioner.
Hamilton v. Bishop of Galloway's Relict
Date: 4 July 1628 Case No. No 35.
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A cautioner in a contract of marriage, being pursued by the relict, her claim was found compensated and extinguished by the sums and goods she had confirmed in her husband's testament; and that although diverse of them were evicted from her by sentences at the instance of his creditors; in regard she was entitled to have pleaded a preference to the creditors upon her contract of marriage, and neglected to do it.
