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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Creditors of Gordon v Captain Binny. [1679] Mor 2617 (24 December 1679)
URL: http://www.bailii.org/scot/cases/ScotCS/1679/Mor0602617-070.html
Cite as: [1679] Mor 2617

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[1679] Mor 2617      

Subject_1 COMPENSATION - RETENTION.
Subject_2 SECT. VIII.

Effect Relative to Arresters.

Creditors of Gordon
v.
Captain Binny

Date: 24 December 1679
Case No. No 70.

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[Arrestment being laid on affecting bear purchased by the arrestee and common debtor, retention was sustained against the arrester, until the arrestee should be relieved of the price of the common debtor's half.]

The Lords allowed Binny retention of Gordon's half, ay till he were relieved of the price of it, notwithstanding the creditors of Gordon had arrested it.

Fol. Dic. v. 1. p. 163. Fountainhall, MS.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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