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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Sir Robert Douglas of Glenbervie v Sir John Scott of Ancrum. [1737] 2 Elchies 451 (17 January 1737)
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Subject_1 PRESCRIPTION.
Sir Robert Douglas of Glenbervie
v.
Sir John Scott of Ancrum
1737 .January 17 ,June 17 .
Case No.No. 12.
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Interruption of prescription of a bond by a principal and cautioner, as old as 1666, whereon no document had been taken till 1713, sustained upon a holograph discharge by the creditor to the cautioner in 1675, though generally holographum non probat datam, and though the payment by the
cautioner must have been voluntary since there was no diligence, and that interruption found, as to the cautioner, who had paid the debt in 1711, to give him relief against the principal.
The electronic version of the text was provided by the Scottish Council of Law Reporting