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Scottish Court of Session Decisions

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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Mrs Jane Ann Dougal, Executrix of Dr Dougal, v John Gordon. [1795] Mor 2607 (17 November 1795)
URL: https://www.bailii.org/scot/cases/ScotCS/1795/Mor0602607-057.html
Cite as: [1795] Mor 2607

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[1795] Mor 2607      

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.

Click here to view a pdf copy of this documet : PDF Copy

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.

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


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URL: https://www.bailii.org/scot/cases/ScotCS/1795/Mor0602607-057.html