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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Captain Dundas v M'Leod. [1743] 1 Elchies 85 (13 December 1743)
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[1743] 1 Elchies 85
Subject_1 CAUTIO JUDICIO SISTI ET JUDICATUM SOLVI.
Captain Dundas
v.
M'Leod
1743 ,Dec. 13 .
Case No.No. 1.
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The question was, whether caution found in the Admiralty-Court judicatum solvi subsisted, though the defender died before decreet but after litiscontestation and proof? 2d, Whether a foreigner being heir of blood to such deceased defenders who are not otherwise within our jurisdiction, can be habilely called to make that caution subsist. Against the
first quoted 20th January 1680, Hodge, (Dict. No. 5. p. 2034.) We unanimously found the cautioner not freed by the death of the principal defender pendente processu, except the President, who thought him free, 2dly, We found he was liable notwithstanding the heir was a foreigner.—27th January Adhered.
The electronic version of the text was provided by the Scottish Council of Law Reporting