Subject_1 SOLIDUM ET PRO RATA. Subject_2 SECT. VI.
Action of Relief among correl.
Kincaid v. Leckie
Date: 12 January 1665 Case No. No. 18.
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In an action pursued at the instance of ——— Kincaid against the Lairds of Leckie and Boquchan, it was found, That where, in a bond bearing annualrent, the principal debtor was only obliged to pay the annual-rent (and not the cautioner) during the not payment of the said principal sum; yet one of the cautioners being distressed, and the other cautioners being obliged to relieve him pro rata of all cost, skaith, and damage, they are liable to the cautioner who was distressed for payment of annual-rent, since his distress and payment; and also found, that the cautioner, being assignee, may seek payment of the hail sum, except his own proportion, just as the principal creditor might do, though the cautioners be obliged to relieve others pro rata only.
