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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Sir Archibald Stewart v Sir John Gordon of Park and Arthur Forbes. [1682] 3 Brn 423 (18 February 1682)
URL: http://www.bailii.org/scot/cases/ScotCS/1682/Brn030423-0615.html

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[1682] 3 Brn 423      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL
Subject_2 SUMMER SESSION.
Date: 18 February 1682

Sir Archibald Stewart
v.
Sir John Gordon of Park and Arthur Forbes


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In Sir Archibald Stewart's case against Sir John Gordon of Park and Arthur Forbes, the interdiction was annulled for the want of the oyesses, and on the other adminicles adduced. This being stopt, and a clamour made; on the 28th February 1682, the Duke of Albany being present, it was debated of new.

Quær., If one interdicted grant a bond with cautioners, and if he reduce the bond as granted by him when he was interdicted, if this will free the cautioners. It is thought not; no more than the cautioners of a minor or a wife are freed, though the principals be.

Vol. I. Page 174.

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/1682/Brn030423-0615.html