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Scottish Court of Session Decisions >>
Walter Porterfield v Sir Patrick Scott of Ancrum. [1694] Mor 14643 (10 January 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Mor3314643-024.html Cite as:
[1694] Mor 14643
Subject_1 SOLIDUM ET PRO RATA. Subject_2 SECT. VI.
Action of Relief among correl.
Walter Porterfield v. Sir Patrick Scott of Ancrum
Date: 10 January 1694 Case No. No. 24.
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Sir Patrick Scott being charged on a bond granted by him to James Scott of Bristo, and assigned by him to the said Walter, he suspended, on this reason, that he stood cautioner in sundry debts for the said James, and had his bond of relief, and so behoved to have retention. Answered, He was not distressed, and had a distinct security for relief of these sums. The Lords, remembering they had granted retention to my Lord Sinclair against Sir James Cockburn's creditors on this ground, they sustained Sir Patrick Scott's reason of suspension, and allowed him to retain for his own relief, he always assigning the charger to all the collatera securities he had for these debts.
