Cautioners who have not the benefit of Discussion.
Doul v. Home
Date: 20 January 1693 Case No. No 39.
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A third party having granted an obligation to the creditor, to cause the debtor pay, or else to pay the debt himself; though he was only found to be a cautioner, yet he was refused the benefit of discussion; only he was allowed a diligence to call the debtor into the process, in case he had any defences against the debt.