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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ALEXANDER GIBSON, OF DURIE.
Date: Hunter
v.
Watson
3 July 1623 Click here to view a pdf copy of this documet : PDF Copy
A transferring being pursued at the instance of one Hunter, as son and heir to his father, who had contracted with one Watson, and, upon the contract, had charged him for implement thereof; which charges were suspended by Watson,
and caution found by him at the time of the granting of the suspension, as use is; and, before the discussing of the suspension, Hunter the charger dies:—this contract, with the act of caution and suspension, was desired to be transferred in the heir of that Hunter who charged. Which the Lords sustained, and found that there was no necessity of a new charge, but that the cautioner in the suspension remained obliged, notwithstanding of the charger's decease, in respect the cautioner and principal suspender himself were both in life. Act. Haliburton. Alt. Russel. Gibson Clerk. Vid. 21st March, 1623, Cunninghame against E. of Glencairn; 23d December 1630, Mr Robert Hart.
Page 69.
The electronic version of the text was provided by the Scottish Council of Law Reporting