You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Marquis of Clidsdale v Cochran of Ochiltree. [1729] Mor 2689 (00 June 1729)
URL: http://www.bailii.org/scot/cases/ScotCS/1729/Mor0702689-148.html Cite as:
[1729] Mor 2689
Subject_1 COMPENSATION - RETENTION. Subject_2 SECT. XVII.
Effect of Compensation, of Retention, of Re-compensation in instances not included in the Preceding Sections.
Marquis of Clidsdale v. Cochran of Ochiltree
1729.
June. Case No. No 148.
Click here to view a pdf copy of this documet : PDF Copy
A debtor, who stood also bound for his creditor in greater sums, refused to pay, unless be were relieved of his whole engagements; The Lords found the defender liable to apply the sum wherein he was debtor for payment of the debts for which he stood bound, but gave him his option to pay one or other, as he thought proper, so far as the sum in question would extend, and that at the sight of the Lord Ordinary. See Appendix.
