Subject_1 ANNUALRENT. Subject_2 ANNUALRENT due to CAUTIONERS, FACTORS, MANDATARS, TUTORS, &c. Subject_3 As a Recompence for advancing their own Money upon their Constiuent's Account.
L Wauchton v. L Innerweek.
Date: 24 January 1627 Case No. No 57.
The same sound.
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In an action of the L. Wauchton's against the L. Innerweek younger, for repayment of some sums paid by the pursuer, as cautioner for the defender, with the ordinary annualrent therefor, since the time of his payment thereof, according to the act of Session, anno 1590:——The Lords sustained this action, for the annualrents acclaimed, albeit the pursuer was not compelled by charges of horning to pay, seeing the bond being registrated, and the term of payment being past, it was distress enough to move any person to make payment, who was unwilling, upon respect to his own credit, to abide charges of horning; and which the Lords found sufficient, to import this action for profit sincesyne, especially where the party obliged for his relief, and now called in this action, is not able to allege any reason, whereby the pursuer might be freed of payment thereof, at the creditors hands.
Act. Hope & Belshes.Alt. Mowat.Clerk, Gibson.
Fol. Dic. v. 1. p. 43. Durie, p. 262.
