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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Tailfer v. -
Date: 31 January 1671
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This was a suspension upon the reason of payment verified by a discharge produced, which bore only the receipt of L.40 in part of a greater due to the giver of the discharge. Alleged, The discharge did not meet this charge, and was not a discharge of any part of the sum contained in the bond charged on, though it be posterior to it, but of a decreet recovered by the charger against the suspender of another sum. It was permitted to the creditor to ascribe the payment to what cause he pleased; for the discharge not bearing which of them it was in satisfaction of, semper in duriorem causam imputabitur.
L. 1. 2. usque ad 8. D. de solutionibus. L. 1. C. eodem ibique Vesembecius et Perezius. Vide infra No. 334. [January, 1672, Aytoun against Lauder.]
Solution is ay computed to cut off that debt which is durior to the debtor, v. g. he owes one sum on annualrent, another without it, indefinite payment will be ascribed to cut off the debt upon annual.
