Subject_1 CAUTIONER.
Spence
v.
Caves
1742 ,Feb. 3 .
Case No.No. 12.
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Bannerman granted bond in 1710 for L.600, and Spence gave an obligation, bearing, that at his desire the money was lent, and obliging him that Bannerman should pay the money, or otherwise that he should pay it upon an assignation. The Lords found that Spence had not the benefit of the act 1695 anent cautioners. The Court was divided. Arniston in the chair was against this interlocutor, as I was 14th Jannuary Adhered.—(3d December.)
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