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.
Click here to view a pdf copy of this documet : PDF Copy
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.
