Scottish Court of Session Decisions

Subject_1 WRIT.
Subject_2 SECT. I.

Subscription of the Party.

Ogilvie
v.
Earl of Finlator

Date: 14 January 1674
Case No. No. 7.

A bond written upon two sheets sustained against the cautioner, though side-scribed only by the principal.

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Thomas Ogilvie pursues the Earl of Finlator, as representing his father, for payment of a bond wherein his father was cautioner, who alleged absolvitor, because the bond being written on two sheets, and only a part of the clause of relief upon the last sheet, the margin was not subscribed by the cautioner; so that it must have been a collusion betwixt the principal debtor and the creditor, which is the more evident, that the bond hath lain over for many years, without payment of either principal or annual. It was answered, that the principal having subscribed the margins it was never accustomed for cautioners to subscribe the same, and the last sheet, and the clause of relief thereon mention the principal and cautioner.

The Lords sustained the bond.

Stair, v. 2. p. 252.