[1726] Mor 11010
Subject_1 PRESCRIPTION.
Subject_2 DIVISION VII. Septennial Prescription of Cautionary Obligations, by act 5th Parl. 1695.
Subject_3 SECT. I. Relates to Obligations for Money.
Stewart
v.
Campbell
1726 .July .
Case No.No 209.
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A cautioner in a contract of marriage, (where the husband was bound to have a certain sum in readiness, and to lay it out on good security for his wife's liferent use, and to the heirs of the marriage in fee), claiming the benefit of the act 1695, cap. 5; the Lords found, that the cautioner here being bound ad factum præstandum, and not to pay a certain sum of money, his case did not fall within the description of the act. See Appendix.
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