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Scottish Court of Session Decisions >>
Chisholm v Gordon. [1632] Mor 16472 (6 December 1632)
URL: http://www.bailii.org/scot/cases/ScotCS/1632/Mor3716472-014.html Cite as:
[1632] Mor 16472
A bond was found-discharged by acceptance of a posterior security in satisfaction of it.
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One Chisholm, relict of umquhile Mr. Alexander Craig, and Douglas, her spouse, pursue Gordon of Park for payment of a sum of money contained in his bond granted thereon; and the defender alleging, That the pursuer, since the date of this bond, accepted a posterior security, in satisfaction of the said sum in the prior bond; the Lords found this allegeance relevant to elide and exclude all action which might be moved upon the said prior bond, which they found satisfied and taken away by the said posterior security, the same bearing the tenor foresaid, viz. “That it was given and accepted in satisfaction of the said prior security;” neither was it found necessary that, the defender should be compelled to say, that the said prior bond was expressly renounced and discharged; for in effect, by accepting of the said posterior security, in satisfaction, as said is, the same was discharged.
Act. Baird.Alt. Barclay.Clerk, Hay.
Durie, p. 656.
