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Scottish Court of Session Decisions >>
M'Kechny v Clark. [1752] Mor 14117 (10 July 1752)
URL: http://www.bailii.org/scot/cases/ScotCS/1752/Mor3214117-026.html Cite as:
[1752] Mor 14117
Right in security is, in general, not broader than the real debt at the time of granting the security.
M'Kechny v. Clark
Date: 10 July 1752 Case No. No 26.
A creditor entitled to retain his expenses out of a debt assigned to him in security.
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This case itself is long and perplexed, and nothing further to be observed from it, than that where one has an assignation to a debt in security of a debt due to him, the assignee in security will be entitled to retain out of the debt assigned in security, all expenses he may be put to in recovering it, whether these expenses be occasioned by the litigiousness of the person himself, who is debtor in it, or by third parties competing for the debt so assigned.
Fol. Dic. v. 4. p. 242. Kilkerran, (Right in Security.) No 1. p. 498.
