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Cant v Edgar. [1628] Mor 5564 (10 July 1628)
URL: http://www.bailii.org/scot/cases/ScotCS/1628/Mor1305564-116.html Cite as:
[1628] Mor 5564
Subject_1 HERITABLE and MOVEABLE. Subject_2 SECT. XX.
Claim of Relief.
Cant v. Edgar
Date: 10 July 1628 Case No. No 116.
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A cautioner having paid an heritable bond before his decease, the Lords found, that the benefit of the relief belonged to his executors, although he had obtained decree against the debtor for repayment of the sums paid out, with annualrent thereof during the not payment.
Fol. Dic. v. 1. p. 373. Durie.
*** See this case No 19. p. 3199.
*** Auchinleck reports the same case:
Although a bond be heritable, yet if it be paid by the cautioner in his own time, his bond of relief is found, and must pertain to executors.
