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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Williamson v Collingtoun. [1627] 1 Brn 233 (8 March 1627)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: Williamson
v.
Collingtoun
8 March 1627 Click here to view a pdf copy of this documet : PDF Copy
A cautioner having paid the debt, cannot charge the debtor at the creditor's instance, without assignation and discharge.
The Laird of Collingtoun becomes cautioner in a testament, wherein three minors are confirmed executors; in the which testament, two curators are nominated to the minors by the defunct. The curators give up inventory, and find Collingtoun cautioner, that the goods and gear given up in the inventory should be made forthcoming to all parties having interest. The gear is dilapidated, and the curators become non solvendo;—the minors, coming to perfect age, pursue Collingtoun, cautioner, for the gear. The Lords assoilyie Collingtoun from the pursuit at the executor's instance; because they were the persons who should have relieved him of his cautionary.
Page 24.
The electronic version of the text was provided by the Scottish Council of Law Reporting