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Mrs Jane Ann Dougal, Executrix of Dr Dougal, v John Gordon. [1795] Mor 2607 (17 November 1795)
URL: http://www.bailii.org/scot/cases/ScotCS/1795/Mor0602607-057.html Cite as:
[1795] Mor 2607
Subject_1 COMPENSATION - RETENTION. Subject_2 SECT. V.
Compensation, its Effect Relative to Onerous Assignees
Mrs Jane Ann Dougal, Executrix of Dr Dougal, v. John Gordon
Date: 17 November 1795 Case No. No 57.
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A Creditor holding a bond in consequence of an assignation from his debtor, ex facie absolute, is not obliged to re-convey it to the cedent, till he be repaid advances made by him to the latter, subsequent to the date of the assignation, although by a missive granted by him to the cedent of the same date with the assignation, he declared it to have been granted only in security of certain debts then due to him. See The particulars, No 53. p. 851.
