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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Brown and Company v Donald. [1774] 5 Brn 440 (17 November 1774)
URL: http://www.bailii.org/scot/cases/ScotCS/1774/Brn050440-0423.html
Cite as: [1774] 5 Brn 440
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[1774] 5 Brn 440
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.
Subject_2 WRIT OF EXTENT.
Date: Brown and Company
v.
Donald
17 November 1774 Click here to view a pdf copy of this documet : PDF Copy
A writ of extent affects moveables from the teste of the writ; but it affects nomina debitorum only from the inquisition. So found 17th November 1774.
The benefit of a writ of extent is never refused to a cautioner in a crown debt, even although he has paid the debt, so as that it may be said to be extinguished. By paying the debt, the cautioner is considered as purchasing the debt from the Crown, who consequently is bound to give every aid to protect the purchaser, and to make the purchase effectual. This is the law and practice of England, and is the practice in Exchequer here.
The electronic version of the text was provided by the Scottish Council of Law Reporting