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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
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.
