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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Ross v Craigie. [1729] Mor 11014 (11 December 1729)
URL: http://www.bailii.org/scot/cases/ScotCS/1729/Mor2611014-217.html
Cite as: [1729] Mor 11014

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[1729] Mor 11014      

Subject_1 PRESCRIPTION.
Subject_2 DIVISION VII.

Septennial Prescription of Cautionary Obligations, by act 5th Parl. 1695.
Subject_3 SECT. II.

Who entitled to the benefit of the act 1695. - Can the benefit of it be renounced.

Ross
v.
Craigie

Date: 11 December 1729
Case No. No 217.

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Two persons being bound conjunctly and severally in a bond, the one as principal, the other as cautioner, the cautioner was found to have the benefit of the septennial prescription, though there was neither clause of relief in the bond, nor a bond of relief intimated to the creditor at receiving of the bond, which was thought unnecessary, though mentioned in the act, the defender being bound expressly as cautioner. See Appendix.

Fol. Dic. v. 2. p. 115.

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


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URL: http://www.bailii.org/scot/cases/ScotCS/1729/Mor2611014-217.html