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Cite as: [1738] Mor 2080

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[1738] Mor 2080      
Subject_1 CAUTIONER.
Subject_2 SECT. III.

Nature of the Cautioner's Obligation.

Bannermans
 v.
Bannerman of Elsick

Date: 20 July 1738
Case No. No 14.

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A cautioner in a contract of marriage for the husband, that he shall employ such a sum for the wife in liferent and the children in fee, is bound that the sum shall be employed, re-employed, &c. but not that so much shall be effectual to them against the husband's onerous creditors.

 Fol. Dic. v. 3. p. 117. Kilkerran, (Cautioner.) No 1. p. 116.

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/1738/Mor0502080-014.html