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[1738] 2 Elchies 116
Subject_1 CAUTIONER.
Date: Rowand
v.
Lang
13 June 1738
Case No.No. 8.
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A Bound by a principal and cautioner, 29th January 1707, ho diligence was done on it till 27th January 1714, that the cautioner was charged on a Bailie's precept of poinding; and again charged in 1715; and in 1736 a horning was raised on that precept and charge. In a suspension of this horning the Lords were divided, whether diligence within the seven years has the effect to perpetuate the obligation, so as all sort of diligence may follow after the seven years, or if only the diligence commenced within the seven years may be followed out after they are expired; but did not determine, because the horning was following out the diligence by the charge on the precept, which regularly ought to precede horning; and therefore they found the letters orderly proceeded. (See Dict. No. 238. p. 11041.)
The electronic version of the text was provided by the Scottish Council of Law Reporting