Security. CAUTIONER. Surety. Actions on this ground are subject to a limitation of seven years.
Definition source
Kinnear, J. B., Digest of House of Lords Cases Decided on Appeal from Scotland, 1709-1864 — Glossary of Scottish Law Terms (Edinburgh, 1865). Public domain.
Legal Subject: Caution |
| Case | Date | Legal Subject | Abstract |
|---|---|---|---|
| Bernard Love v. George Foster | 1832 | Arrestment, Sequestration, Rent, Caution, Aliment, Factor | Bernard Love, as pursuer, lodged a reclaiming note against Lord Moncreiff's interlocutor in his action against George Foster, defender. Based on the single document cataloged for this case. |
| Duguid v. Hall, et al | 1788 | Debt, Interlocutor, Credit, Oath, Caution, Contract | James Duguid petitioned the Court to alter the Lord Ordinary’s interlocutor and suspend the letters simpliciter issued against him, challenging the enforcement of a Magistrates’ decree. John Hall, John Tenant, and William Sprott answered, asserting that the Magistrates’ decree had been properly enforced and the petitioner’s claims were groundless. |
| Hunter v. Monboddo's Interlocutor | 1794 | Debt, Arrestment, Creditor, Bill of Exchange, Caution, Oath | James Hunter petitioned the Court to alter the Sheriff's warrant for his incarceration issued on grounds of meditatio fugæ. Based on the single document cataloged for this case. |
| Low v. Knowles | 1796 | Rent, Sequestration, Tack, Assignation, Caution, Lease | Andrew Knowles defended an action by John Low and John Richardson regarding rent obligations under the Act of Sederunt 1756, maintaining that he was not liable for the full rent in light of prior payments and the pursuers' conduct. He further alleged that Low had failed to pay rents and had caused ruin to the farm, and that the caution found was insufficient to secure future rents. Knowles also petitioned against a Sheriff's interlocutor requiring double caution for the same rents, arguing that such a requirement was unjust and contrary to the spirit of the Act. |
| Macqueen v. Fleming | 1798 | Arrestment, Debt, Interlocutor, Caution, Creditor, Sequestration | Charles Macqueen, as pursuer, petitioned the Court to remit to the Magistrates of Dundee with instructions to liberate him from jail without further caution, alleging that his life was in extreme danger. Based on the single document cataloged for this case. |
| Mather v. Caldwall | 1775 | Caution | This case was about the management of an estate by respondent Robert Caldwall, who served as tutor to his infant nephew. Petitioner William Mather, another uncle of the infant, alleged that Caldwall had mismanaged the estate. He therefore sought to have Caldwall removed as tutor or, in the alternative, ordered to prepare inventories of the estate and to find caution. The court initially ordered Caldwall to find caution, but Mather alleged in a subsequent petition that Caldwall had failed to do so and should be removed as tutor. In response, Caldwall alleged that John Wilson, the town clerk of Glasgow, had refused to accept his caution out of partiality to Mather. Caldwall requested an order requiring Wilson to accept the caution offered. |
| Scott v. Stonefield's Interlocutor | 1793 | Interlocutor, Caution, Possession, Suspension, Security | |
| Shiells v. Lord Duncan's Interlocutor | 1788 | Suspension, Reduction, Citation, Interlocutor, Caution, Exhibition | Shiells, as petitioners, challenged Lord Dunfinnan’s interlocutor, arguing that a suspender could proceed as pursuer without awaiting the charger’s mora and that a late protestation could not invalidate prior steps. Based on the single document cataloged for this case. |
