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In an action of registration of a contract of marriage, pursued at the instance of ——against ——, who was cautioner for one of the parties contractors, the Lords found the contract, so far as concerned the cautioner convened, nowise obligatory against him, because it was not subscribed by two notaries for him, but only by one notary, the same being a matter of importance; and therefore assoilzied the cautioner from registration, &c.
Act. Burnet.Alt. Davidson.Clerk, Scot.
Durie, p. 167.
