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Scottish Court of Session Decisions >>
Davidson of Balnacraig v Alexander Lindsay. [1694] 4 Brn 132 (26 January 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040132-0302.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Davidson of Balnacraig v. Alexander Lindsay
Date: 26 January 1694
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The Lords found these words of the partial receipt, declaring it was in part payment of a greater sum, behoved to be ascribed in payment of the bond primo loco, and of the tack-duty only in the next place: because the victual in the receipt was liquidated at a far greater price than the victual was modified to in the tack; and if the creditor had been asked, at the time, in payment of which of the two sums he took it, he would certainly have answered for the bond; because he had none bound in it but this bankrupt tenant; whereas, in the tack, he had a cautioner; though a debt due with a cautioner is durior sors (to which law commonly ascribes it,) than a debt without one.
