[1736] 2 Elchies 405
Subject_1 NEGOTIORUM GESTOR.
Date: Heirs of Murdieston
v.
Mrs Lockhart
27 January 1736
Case No.No. 1.
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Factor on a trust-estate of a person who was cautioner with other two for a Collector to the Crown, having on the Collector's failing joined with the other two cautioners in borrowing money to pay the debt to the Crown, which he paid upon precepts and discharges, because the Crown does not assign, was found entitled to total relief of the sums so borrowed, against all the representatives of the defunct, who was liable as cautioner for the whole debt.
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