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.
Lockerbie v. Applegirth
Date: 7 February 1662 Case No. No 61.
A cautioner who, upon distress, pays the debt, has right to annualrent of annualrent, paid by him for the principal debtor, from the time of the payment.
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Johnston of Lockerbie having obtained decreet against Jardine of Applegirth, for a sum paid by the pursuer's author, as cautioner for the defender's father,
The Lords found annualrent due by the principal to the cautioner, by an act of Sedernt 1613, and that from the year 1619, until now, in respect the cautioner had paid upon distress, by decreet of transferrence, and a charge of horning thereon.
