Scottish Court of Session Decisions
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Paip v Keith. [1624] 1 Brn 16 (27 March 1624) URL: http://www.bailii.org/scot/cases/ScotCS/1624/Brn010016-0033.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ALEXANDER GIBSON, OF DURIE.
Date: Paip
v.
Keith
27 March 1624 Click here to view a pdf copy of this documet : PDF Copy
In a suspension of a decreet given by the sheriff of Aberdeen betwixt Paip and Keith, decerning a bond to be registered, and payment to be made, by the defender, of the sum of money contained in the bond, which was particularly expressed in the decreet, and the defender therein decerned to pay the sum;—the Lords found the decreet null in that same suspension, because the obligation was not inserted ad longum in the sentence, albeit the substance thereof was contained therein; for the defender was but a cautioner, and the principal was not convened, and the obligation not being inserted, prejudged the cautioner of the remeid of his relief against the principal party.
Act. Paip. Alt. Davidson and Russel. Hay, Clerk. Page 125.
The electronic version of the text was provided by the Scottish Council of Law Reporting