Scottish Court of Session Decisions

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.

Fac. Col. No 184. p. 439.

*** See Crockat against Ramsay, infra, h. t.