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John Anderson v Hew Corbet of Hardgray. [1693] 4 Brn 62 (7 February 1693)
URL: http://www.bailii.org/scot/cases/ScotCS/1693/Brn040062-0150.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
John Anderson v. Hew Corbet of Hardgray
Date: 7 February 1693
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The Lords thought the executor's confirming per errorem heritable sums, could not make his cautioner liable to account for them; albeit it may be presumed that he did it on his private knowledge that they were rendered moveable by a requisition or charge, which now might be abstracted. But in regard that the cautioner alleged the principal executor had now suspended Anderson the creditor's decreet, therefore, he could not be distressed till the principal executor and that suspension were discussed. And though this was a dilator, after a peremptor, yet being emergent, et noviter veniens ad notitiam, the Lords admitted it to stop sentence till the said suspension was discussed; and allowed the suspender to be cited incidenter for that effect.
