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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Mr David Skrymzour v The Laird of Galdgirth. [1684] 2 Brn 68 (16 December 1684)
URL: http://www.bailii.org/scot/cases/ScotCS/1684/Brn020068-0177.html
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
Mr David Skrymzour
v.
The Laird of Galdgirth
1684 ,December .16 ;1685 ,March .Click here to view a pdf copy of this documet : PDF Copy
One having prevailed with his debtor by bond, to be cautioner for him, and thereafter assigned the bond; upon which the assignee having pursued, the debtor alleged compensation or retention, till he was freed of his cautionary. Answered for the pursuer, The assignation was intimated before the defender was distressed as cautioner for the cedent; and consequently before his cautionary was a liquid ground of compensation; and the posterior distress is not inter eosdem. The Lords sustained the allegeance for the defender, his cautionary being after he was debtor; and it was not alleged, That the cedent was now become insolvent, to relieve the cautioner.—16th December 1684. Adhered to, March 1685.
Page 62, No. 261.
The electronic version of the text was provided by the Scottish Council of Law Reporting