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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Creditors of Kinsterie v Ross of Kilravock. [1742] 2 Elchies 137 (7 December 1742)
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Subject_1 COMPENSATION - RETENTION.
Date: Creditors of Kinsterie
v.
Ross of Kilravock
7 December 1742
Case No.No. 8.
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Compensation being pleaded against an assignee, he may recompence by debts due to his cedent, though not assigned to him, and may compense by what debts he purchases, so as to preserve entire a debt secured by inhibition. And the cedent, who was creditor by a debt so secured, and debtor by other debts, being also cautioner for his debtor now lapsus, may retain the debts due by him for relief of his whole engagements as cautioner, and is not obliged to suffer these debts due by him to be applied to extinguish the
debt due to him; and that though the common debtor was also cautioner for him in sundry debts, which was no security, the common debtor being lapsus; and the same thing was found competent to his assignee. (See Dict. No. 18. p. 2563.)
The electronic version of the text was provided by the Scottish Council of Law Reporting