Subject_1 COMPENSATION - RETENTION. Subject_2 SECT. I.
Nature of Compensation.
Granger v. Lord Lowdon
Date: 7 November 1632 Case No. No 3.
A party being charged for a debt, and alleging in a suspension that he was cautioner in a testament, wherein the charger was executor, and was not yet relieved; the Lords ordained the charger to find caution for his relief, although no distress was qualified.
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Granger, relict of umquhile W. charged the Lord Lowdon For payment of 800 merks, addebted to her by his bond. He suspends, That umquhile Hew Lowdon, to whom he is successor, is cautioner for the charger, when she confirmed her husband's testament, that the sum of 800 merks, or thereby, should be made furthcoming to her husband's heir, and he could not pay her except she found caution to relieve him at the hands of the said heir. To which it was replied, That she was bound in the act of cautionry for her cautioner, and could not be farther obliged to find caution for his relief, seeing he was not distrest. The Lords ordained her to find caution. It was thought hardly decerned.
