A cautioner, who was denounced for the debt of his principal, and whose escheat consequently fall, was not found entitled to relief of this, although the obligation of relief was expressed in the most ample terms.
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Although the bond of relief imports that the cautioner should be relieved of all cost, skaith, and damage, that he shall sustain through such caution, yet the Lords' statute interprets that the same clause should not infer but payment of the principal sum and annualrent; so, although a cautioner be denounced to the horn,and his escheat fall by horning, or his lands be apprised for the debt, yet the principal will be no farther obliged but for payment of the principal sum and annualrent; and yet, in the action pursued by the Laird of Lundie, cautioner to Robert Arnot for the Earl of Argyle, for which Robert Arnot comprises the Laird of Lundie's lands for the principal sum, penalty, and annualrent, and sheriff-fee, when Lundie seeks his relief of all that Robert Arnot had given his discharges upon, the Lords found the Earl of Argyle should refund to him, all that he had justly debursed to Robert Arnot on his own oath.
