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Oliphant v Newton. [1682] Mor 5035 (00 March 1682)
URL: http://www.bailii.org/scot/cases/ScotCS/1682/Mor1205035-014.html Cite as:
[1682] Mor 5035
Subject_1 GENERAL DISCHARGES and RENUNCIATIONS. Subject_2 SECT. III.
Whether General Discharges and Renunciations comprehend Claims of Relief.
Oliphant v. Newton
1682.
March. Case No. No 14.
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A creditor having given a general discharge to his debtor, for whom he was then cautioner, but not distressed, it was contended, That the general discharge did also cut off the relief of the cautioner, seeing the debtor was in effect bankrupt, and had sold his lands to pay his debts, which far exceeded the price, and yet here was no reservation of cautionry in the discharge.
The Lords found the general discharge did not extend to cautionry and relief, whereon the granter was not distressed the time of the discharge.
Fol. Dic. v. 1. p. 342. Harcarse, (Discharges.) No 417. p. 112.
