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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Thomas Boyes v Ogilvie of Murthill. [1738] 1 Elchies 87 (10 January 1738)
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Cite as: [1738] 1 Elchies 87
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[1738] 1 Elchies 87
Subject_1 CAUTIONER.
Thomas Boyes
v.
Ogilvie of Murthill
1738 ,Jan. 10 .
Case No.No. 7.
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The Lords were all except the President clear that Dr Scott's adjudication accresced to Mrs Crawfurd, and that she having omitted to claim her preference against Thomas Boyes
she could not thereafter recur upon the cautioner. 2dly, They all agreed that having conveyed her right of warrandice (which was secured by inhibition preferable to Mr Boyes's debt) to Mr Boyes, and thereby deprived the creditor of that security for his relief, neither she nor Boyes in her right could recur upon the cautioner.
The electronic version of the text was provided by the Scottish Council of Law Reporting