Cautioners for Factors, Collectors, Executors, Suspenders.
Sandilands v. Divvy
Date: 13 November 1677 Case No. No 34.
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The Magistrates of Aberdeen pursued the said Divvy as heir to a cautioner for a collector of a stent, for count, reckoning, and payment.—Alleged, The principal was not called.——The Lords found the allegeance relevant, since cautioners for others' acts of administration, as tutors and curators, had beneficium ordinis et discussionis, though the principal was known to be bankrupt.
