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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> M'Leod of Cadboll v Gordon. [1736] 2 Elchies 35 (8 July 1736) URL: http://www.bailii.org/scot/cases/ScotCS/1736/Elchies020035-002.html Cite as: [1736] 2 Elchies 35 |
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[1736] 2 Elchies 35
Subject_1 APPEAL.
Date: M'Leod of Cadboll
v.
Gordon
8 July 1736
Case No.No. 2.
Caption raised after appeal.
Click here to view a pdf copy of this documet : PDF Copy
Appeal being entered by the creditors of Ankerville against a decreet of forthcoming obtained by Gartie, of a debt, wherein Ankerville, as principal, and Cadboll, as cautioner, were debtors to Gordon of Killgour, Gartie's father, against Cadboll the cautioner only; and diligence being raised after the appeal against Cadboll, because he was no appellant, the Lords, on a petition for the creditors appellants, ordered the clerk of the bills, when any bills of horning, poinding, or caption, should be presented on this decreet against Cadboll, to acquaint the Lord Ordinary of this application, that he may determine as he sees cause. Cadboll afterwards presented a bill of suspension in his own name, of a caption raised after the appeal, and the Lords would not pass the bill, but sisted execution of the caption, till a new warrant was obtained of the hail Lords, if in time of Session, or three in time of vacance; and had the caption been before the appeal, they would not have interposed at all, but left the party to take his hazard.
The electronic version of the text was provided by the Scottish Council of Law Reporting
