A cautioner found not liable to pay, unless the creditor would assign to him the debt and all security he had from the principal debtor.
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Normand Lesly charges Gilbert Gray, Provost in Aberdeen, to pay 2000 merks, for which he was cautioner for William Gray. He suspends, and alleges, that the charger had gotten an assignation from the said William Gray, to a bond granted by the Earl of Errol to him; and therefore craved, that the charger might be decerned to transfer that assignation to him, being given for the security of the same sum. It was answered, that the charger was only obliged to give a discharge to his cautioner, and not an assignation of the bond itself, and much less of any security ex post facto he had gotten therefor.
The Lords declared, they would not give the charger process, till he assigned the bond, and all security gotten therefor, to the cautioner.
