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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Commissioners of Excise v Mitchell. [1735] 1 Elchies 87 (16 January 1735)
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Cite as: [1735] 1 Elchies 87
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[1735] 1 Elchies 87
Subject_1 CAUTIONER.
Commissioners of Excise
v.
Mitchell
1735 ,Jan. 16 .
Case No.No. 3.
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The Lords repelled the first defence that the bond was to the Commissioners for the King's use; 2dly, That the cautioner's heir was only liable for what fell during the cautioner's life;—both these pretty unanimously;—the last, specially because this was not a commission during pleasure but for a definite time; and they also by a majority repelled the third, that the Commissioners could let a tack only for three years,—the President, Royston, and Newhall renitentibus.—24th November 1734.—16th January The Lords adhered, and in respect the tacksman was not interpelled, therefore found his possession presumed to be continued.
The electronic version of the text was provided by the Scottish Council of Law Reporting