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Leslie v Gray. [1665] Mor 3388 (10 January 1665)
URL: http://www.bailii.org/scot/cases/ScotCS/1665/Mor0803388-036.html Cite as:
[1665] Mor 3388
Subject_1 DEBTOR AND CREDITOR. Subject_2 SECT. III.
A Creditor receiving payment from a Cautioner, must assign every separate security for the debt. By passing from his separate security he liberates the Cautioner.
Leslie v. Gray
Date: 10 January 1665 Case No. No 36.
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A creditor getting payment from a cautioner, was not only obliged to assign him for his relief against the principal, but likewise was decerned to convey to him a separate security which he had obtained ex post facto for the same debt.