Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 WINTER SESSION. - Anni 1973.
Anent Attesters of Cautioners
1673.
December.
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In a certain action, between and the Lords found both the principal suspender and the cautioner behoved to be discussed before the attester. And that the attester of a cautioner in a suspension attests only his solvency, sufficiency, and responsality; but not his age, in case he be minor, and revoke his attestation; unless the creditor will offer him to prove, that the attester knew the cautioner was minor, for then he will be liable: and the creditor needs not qualify he dolose knew it, since animus colligitur ex silentio. Vide supra, No. 181. 22d June, 1671.
