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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Doul v Home. [1693] Mor 3585 (20 January 1693)
URL: http://www.bailii.org/scot/cases/ScotCS/1693/Mor0903585-039.html
Cite as: [1693] Mor 3585

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[1693] Mor 3585      
Subject_1 DISCUSSION.
Subject_2 DIVISION II.

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

Cautioners who have not the benefit of Discussion.

Doul
 v.
Home

Date: 20 January 1693
Case No. No 39.

Click here to view a pdf copy of this documet : PDF Copy

A third party having granted an obligation to the creditor, to cause the debtor pay, or else to pay the debt himself; though he was only found to be a cautioner, yet he was refused the benefit of discussion; only he was allowed a diligence to call the debtor into the process, in case he had any defences against the debt.

 Fol. Dic. v. 1. p. 249. Fountainhall.

*** See This case, No 2. p. 2702.

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/1693/Mor0903585-039.html