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Scottish Court of Session Decisions >>
Redicks v Dalbatie. [1632] Mor 10158 (6 March 1632)
URL: http://www.bailii.org/scot/cases/ScotCS/1632/Mor2410158-017.html Cite as:
[1632] Mor 10158
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In a suspension of a decreet for payment of the duties of lands, the suspender being debarred by horning execute against him at the charger's instance, and his cautioner in the suspension desiring to be admitted to produce the suspension, and to insist therein; and the charger renouncing all action against the cautioner, alleging him to be irresponsible; and thereafter one Maxwell, who, as Magistrate, being charged to take the rebel, was pursued actione subsidiaria for the sum, he desiring to insist in the suspension as the party whom the same concerned. The Lords found, That neither the cautioner, nor the Magistrate convened, could be heard to insist in this suspension, the cautioner therein being irresponsible, except that a cautioner were found good and responsible by the party, or one of those compearing, to pay the debt libelled, in case they prevailed not in the suspension.
