BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Ogilvie v Earl of Finlator. [1674] Mor 16804 (14 January 1674)
URL: http://www.bailii.org/scot/cases/ScotCS/1674/Mor3816804-007.html Cite as:
[1674] Mor 16804
A bond written upon two sheets sustained against the cautioner, though side-scribed only by the principal.
Click here to view a pdf copy of this documet : PDF Copy
Thomas Ogilvie pursues the Earl of Finlator, as representing his father, for payment of a bond wherein his father was cautioner, who alleged absolvitor, because the bond being written on two sheets, and only a part of the clause of relief upon the last sheet, the margin was not subscribed by the cautioner; so that it must have been a collusion betwixt the principal debtor and the creditor, which is the more evident, that the bond hath lain over for many years, without payment of either principal or annual. It was answered, that the principal having subscribed the margins it was never accustomed for cautioners to subscribe the same, and the last sheet, and the clause of relief thereon mention the principal and cautioner.
