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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Graham v Marshall. [1776] 5 Brn 464 (00 August 1776)
URL: http://www.bailii.org/scot/cases/ScotCS/1776/Brn050464-0465.html
Cite as: [1776] 5 Brn 464
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[1776] 5 Brn 464
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.
Subject_2 FURTHCOMING.
Graham
v.
Marshall
1776 .August .Click here to view a pdf copy of this documet : PDF Copy
In a process of furthcoming, where the arrestments had been loosed upon caution, the Lords found, That, where the decreet stood unchallenged by the common debtor, it could not be challenged by the cautioner, in loosing the arrestment; 9th July 1776, Graham against Marshall, &c. The cautioner, in loosing an arrestment, becomes bound to make the subject arrested furthcoming to the party preferred; but it is jus tertii to him to object to the preference. On a reclaiming petition, setting furth some facts different, the Lords, August 1776, remitted to the Ordinary to hear parties further. But the principle of the above interlocutor remained entire.
The electronic version of the text was provided by the Scottish Council of Law Reporting