Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Anent Cautionry
Date: 10 July 1672
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In the same action it came to be questioned, where a man is inserted in the body of a writ, and designed cautioner, and subscribes only witness; if that writ will bind him as cautioner. It is thought, albeit he has not designed to become caution, yet, in regard he should read the paper whereto he is desired to subscribe as witness, the subscription will bind upon him as cautioner. Yet this seems hard. Vide infra, No. 394, [Rae against Glasse, June, 1673.]
