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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Scott of Farnish v - - - - . [1752] 1 Elchies 93 (9 July 1752) URL: http://www.bailii.org/scot/cases/ScotCS/1752/Elchies010093-024.html Cite as: [1752] 1 Elchies 93 |
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[1752] 1 Elchies 93
Subject_1 CAUTIONER.
Scott of Farnish
v.
- - - -
1752 ,July 9 .
Case No.No. 24.
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Scott being cautioner in 1724 for —— in two bonds, got an heritable bond of relief, and was infeft. The lands were afterwards sold, and the price arrested in the purchaser's hands by —— creditors, and the purchaser raised a multiplepoinding, and called Scott, who thereafter paid the debt in which he was cautioner, and took assignation, which he produced with his infeftment in the lands, and craved preference for the price. Objected, Scott was liberated, and the cautionry prescribed by the septennial prescription provided by the act 1695, and he could not thereafter and after the other creditors' arrestments, and the multiplepoinding, pay to their prejudice. Answered, He was not bound to take the benefit of that prescription. I reported the case for advice, and the Lords unanimously repelled the objection, and sustained the infeftment.
The electronic version of the text was provided by the Scottish Council of Law Reporting