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Cite as: [1686] Mor 16146

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[1686] Mor 16146      
Subject_1 TRANSACTION.

Crichton
 v.
Murray

 1686. March.
Case No. No. 3.

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A decree at an assignee's instance for the whole debt against a cautioner, being quarrelled by him in a suspension as ultra the pursuer's title, in so far as two of the four cautioners were discharged and excepted from the assignation; answered, Res est transacta, the defender having got an abatement of the sum decerned, and the decree discharged; which the Lords found relevant.

 Fol. Dic. v. 2. p. 475.

*** This case is No. 375. p. 12232. voce Process.

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/1686/Mor3716146-003.html