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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Sandilands v Divvy. [1677] Mor 3580 (13 November 1677)
URL: http://www.bailii.org/scot/cases/ScotCS/1677/Mor0903580-034.html
Cite as: [1677] Mor 3580

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[1677] Mor 3580      
Subject_1 DISCUSSION.
Subject_2 DIVISION II.

Discussion of Principal Debtors and Cautioners.
Subject_3 SECT. I.

Cautioners for Factors, Collectors, Executors, Suspenders.

Sandilands
 v.
Divvy

Date: 13 November 1677
Case No. No 34.

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The Magistrates of Aberdeen pursued the said Divvy as heir to a cautioner for a collector of a stent, for count, reckoning, and payment.—Alleged, The principal was not called.——The Lords found the allegeance relevant, since cautioners for others' acts of administration, as tutors and curators, had beneficium ordinis et discussionis, though the principal was known to be bankrupt.

 Fol. Dic. v. 1. p. 248. Fountainhall, MS.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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URL: http://www.bailii.org/scot/cases/ScotCS/1677/Mor0903580-034.html