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Scottish Court of Session Decisions >>
Cromarty's Creditors v Joseph Brodie's Relict. [1688] 3 Brn 672 (28 February 1688)
URL: http://www.bailii.org/scot/cases/ScotCS/1688/Brn030672-1035.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 28 February 1688
Cromarty's Creditors v. Joseph Brodie's Relict
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The Creditors of Cromarty objected against the comprising produced by the relict of Joseph Brodie, that it was retired by Cromarty the debtor, with a blank assignation, and he filled up Joseph's name in it, and took a back bond from him, declaring he had got it for security of some money Cromarty was owing to Joseph, and for any other sums he should advance for him; which did extinguish it by coming into the common debtor's hands; and being paid with his money, so that it could not subsist for personal sums and debts for which it was not led.
Yet the Lords found it might be so transmitted. But afterwards, thinking this somewhat irregular, they preferred her, on this ground, That the back-bond did not prove that the comprising was retired by Cromarty.
