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Scottish Court of Session Decisions >>
Patrick Mure of Arnotstown v John Somerville of Cambusnethan. [1533] Mor 3545 (14 March 1533)
URL: http://www.bailii.org/scot/cases/ScotCS/1533/Mor0903545-001.html Cite as:
[1533] Mor 3545
Discharge of one Correus how far it operates in favour of others.
Patrick Mure of Arnotstown v. John Somerville of Cambusnethan
Date: 14 March 1533 Case No. No 1.
The pursuer of a spulzie discharging either the principal actor, or any of the accomplices, was found to liberate all the rest.
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Ane spulzie of gudis and geir beand committit be divers and sindrie persounis, gif he againis quhom the samin is committit, his airs or successouris, or ony utheris in thair name, havand thair power thairto, quyte claime, and discharge ony ane persoun committar thairof, ather principal or complices, for ony cause properlie pertening to him who is dischargit, or for ony uther cause, all and hail the remanent persounis, committaris of the samen spulzie, on na wayis may be callit or persewit in ony time cuming thairfor.
*** The like decided, 25th June 1554, Kinfauns against John Barclay and Others. See No 3. p. 3556. See Spuilzie.
Fol. Dic. v. 1. p. 244. Balfour, (Spuilzie) No 31. p. 473.
