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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Forbes v Innes. [1735] 1 Elchies 203 (9 November 1739)
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Cite as: [1735] 1 Elchies 203
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[1735] 1 Elchies 203
Subject_1 INDEFINITE PAYMENT.
Forbes
v.
Innes
1739 ,Nov. 9 .
Case No.No. 1.
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The Lords found that the indefinite payment must be imputed as the creditor would have it, to the debt worst secured, and they considered the engagement for Sir John Gordon not as a subsidiary obligation, which implies a condition of discussing the principal, whereas here Robert undertakes the debt on condition that the creditor would not follow out the diligence he had already raised.
*** The case, Creditors of Harwood against Paterson of Kirkton 7th December 1742 is referred to as decided in the same way. That case is thus mentioned in the Notes.
Find that the creditor may apply indefinite payments or intromissions to payments of such debts as were not secured by inhibition and other diligence. We also thought that he could likewise apply these intromissions to payment of debts not bearing annualrent, but the point seemed finally settled by the decreet 1737 which ascertains the sum that bears annualrent.
The electronic version of the text was provided by the Scottish Council of Law Reporting