Some doubts & questions, in the law, especially of Scotland as also, some decisions of the lords of Council and Sessions / collected & observed by Sir John Nisbet of Dirleton ... ; to which is added, an index, for finding the principal matters in the said decisions.

About this Item

Title
Some doubts & questions, in the law, especially of Scotland as also, some decisions of the lords of Council and Sessions / collected & observed by Sir John Nisbet of Dirleton ... ; to which is added, an index, for finding the principal matters in the said decisions.
Author
Nisbet, John, Sir, 1609?-1687.
Publication
Edinburgh :: Printed by George Mosman ...,
1698.
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Subject terms
Law -- Scotland.
Law reports, digests, etc. -- Scotland.
Link to this Item
http://name.umdl.umich.edu/A52358.0001.001
Cite this Item
"Some doubts & questions, in the law, especially of Scotland as also, some decisions of the lords of Council and Sessions / collected & observed by Sir John Nisbet of Dirleton ... ; to which is added, an index, for finding the principal matters in the said decisions." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A52358.0001.001. University of Michigan Library Digital Collections. Accessed June 17, 2024.

Pages

Page 108

D. 228. 27. January 1675.

IN the case abovementioned, 5. January instant, concerning Con-cautioners obliged conjunctly and severally for the Principal, without a clause of mutual Relief: The Lords Found, That one of the Cautioners having payed and taken Assignation, the others had a good Defence against him for his own part, notwithstanding of the Reasons there abovementioned; and that it was urged, that the Co-cautioner could not be forced to relieve the Defen∣der if he had payed the whole; seing he had neither actio mandati, there being none given by either of the Cautioners to others; nor was obliged to relieve the other Cautioners by an express Clause, which is ever in∣sert, when mutual relief is intended: And that this is clear Law, it ap∣pears from the Title of the Civil Law de Fidejussoribus ff. lib. 46. Tit. 1. leg. 39. Et leg. 36. ibid. Et. Leg. 11. Cod. eod. Tit.

The Lords Decided, as said is, In respect of a Practique produced be∣twixt _____ _____ in anno _____ _____ relating to a former Practique in anno _____ _____

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