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Scottish Court of Session Decisions >>
Hunter v Adair. [1728] Mor 11041 (9 January 1728)
URL: http://www.bailii.org/scot/cases/ScotCS/1728/Mor2611041-237.html Cite as:
[1728] Mor 11041
Septennial Prescription of Cautionary Obligations, by act 5th Parl. 1695.
Subject_3 SECT. IV.
Effect of diligence during the seven years.
Hunter v. Adair
Date: 9 January 1728 Case No. No 237.
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Found, That arrestment used against the cautioner, is sufficient to preserve to the creditor all manner of diligence competent against the cautioner for what fell due within the seven years, though it was pleaded, upon the express words of the act, That any diligence raised within the seven years must be followed forth after the seven years, but no diligence could be insisted in; it being answered, That the statute intended an ipso jure liberation to the cautioner for what should fall due after the seven years; but as to what falls due within that space, a proper prescription is introduced to be interrupted by any thing that interrupts another prescription. See Appendix.
*** The same had been found thrice before, anno 1717, Hunter contra Muir; December 1720, M'Cornock contra Coltran; and, February 1726, Fairholm contra Cuninghame See Appendix.
