A mistake in the bond of cautionry in a suspension, with regard to the date of the bond suspended, is not sufficient to liberate the cautioner.
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Where the bond of cautionry in a suspension referred to the bond charged on, as granted for the sum of 8000 merks in the year 1738, whereas the bond produced for the charger bore date in 1728, upon which ground the cautioner, at discussing, pleaded to be free, in respect no such bond was produced as that referred to in his bond of cautionry; the Lords, after examining the doers for the parties, and the instrumentary witnesses to the bond of cautionry, found, ‘That the bond of cautionry had only, through mistake, misrecited the bond charged on, and that the said misrecital in the bond of cautionry was not sufficient to liberate the cautioner.’
Fol. Dic. v. 1. p. 205. Kilkerran, (Falsa Demonstratio.) No 1. p. 188.
