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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Leslie v Gray. [1665] Mor 3388 (10 January 1665)
URL: http://www.bailii.org/scot/cases/ScotCS/1665/Mor0803388-036.html
Cite as: [1665] Mor 3388

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[1665] 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.

Leslie
v.
Gray

Date: 10 January 1665
Case No. No 36.

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A creditor getting payment from a cautioner, was not only obliged to assign him for his relief against the principal, but likewise was decerned to convey to him a separate security which he had obtained ex post facto for the same debt.

Fol. Dic. v. 1. p. 227. Stair.

*** See This case, No 37. p. 2111.

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/1665/Mor0803388-036.html