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Scottish Court of Session Decisions >>
Paton v Paton. [1668] Mor 2119 (7 July 1668)
URL: http://www.bailii.org/scot/cases/ScotCS/1668/Mor0502119-049.html Cite as:
[1668] Mor 2119
A bond of relief was found to be the ground of a charge, tho no distress was produced, it bearing an obligation to pay at a certain term.
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James Paton, fiar of Ballilisk, being engaged for his father John in several bonds as cautioner, besides the obligements of relief contained in the bonds, did receive a bond apart, wherein his father was obliged to satisfy the several debts before the terms of payment contained in the saids bonds, and to relieve his son; whereupon being charged, the father did suspend, upon this reason, that there was no distress produced, without which he could not be charged for relief; notwithstanding whereof the letters were found orderly proceeded, in respect of the conception of the bond to pay at a certain term.
