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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Dame Elizabeth M'Kenzie v M'Kenzie of Blackhill. [1753] 2 Elchies 120 (17 January 1753) URL: http://www.bailii.org/scot/cases/ScotCS/1753/Elchies020120-023.html Cite as: [1753] 2 Elchies 120 |
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[1753] 2 Elchies 120
Subject_1 CAUTIONER.
Date: Dame Elizabeth M'Kenzie
v.
M'Kenzie of Blackhill
17 January 1753
Case No.No. 23.
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Martin and M'Kenzie of blackhill were bound in a bond for L.100 sterling. Thereafter a bond of corroboration was granted by them both, and Sir George M'Kenzie of Granville, who also for the creditor's further security assigned to him a separate subject, out of which the debt was afterwards paid. Sir George's relict and executrix sued Blackhill for relief of the debt; and he produced a bond of relief by Martin of the original bond, and insisted that Sir George and he were co-cautioners, and therefore he was only liable to relieve pro rata, (Martin having failed.) Answered, It does not appear that Sir George knew who was principal and who cautioner, and that he acceded on the faith of both, which differences this case from that of Orchardton, and the other of Lord Semple, (vide No. 9.) The Lords found Blackhill liable in solidum. See Dict. No. 38. p. 14661.)
The electronic version of the text was provided by the Scottish Council of Law Reporting