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Scottish Court of Session Decisions >>
Falconer v - . [1685] Mor 5694 (13 February 1685)
URL: http://www.bailii.org/scot/cases/ScotCS/1685/Mor1405694-074.html Cite as:
[1685] Mor 5694
Consent not presumed, when the Deed can be ascribed to another Cause.
Falconer v. -
Date: 13 February 1685 Case No. No 74.
Found in conmity with Farquhar against Gordon, No 65. p. 5685.
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One having raised revocation and reduction of a bond wherein he became cautioner in his minority;
It was alleged for the defender; That the pursuer had homologated, by pursuing and recovering a decreet against the principal upon a separate bond of relief, narrating the bond in question.
Answered for the pursuer; The pursuit and decreet upon a separate bond of relief, ob majorem securitatem, cannot infer homologation of the debt. 2do, The decreet upon the bond of relief was procured before the revocation, which therefore cannot be said to be passed from.
The lords repelled the defender's allegeance, and qualification of homologation.
Fol. Dic. v. 1. p. 381. Harcarse, (Minor.) No 714. p. 202.
