Scottish Court of Session Decisions

Subject_1 PUBLIC OFFICER.

The Ladies Margaret and Dorothea Primroses
v.
The Commissary Clerks of Edinburgh

Date: 1 July 1737
Case No. No 31.

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In a pursuit against the Commissary Clerk, at the instance of the defunct's creditors, for damages sustained by his having received insufficient caution in a testament dative; the Lords found, that caution must be taken by the Commissaries and their clerks, and that the caution must be sufficient, consideration being had to the circumstances of the parties at the time; and therefore found it relevant against the defenders to make them subsidiarie liable, that the cautioner accepted of by them was insufficient. See Appendix.

Fol. Dic. v. 2. p. 293.