A creditor in a bond was found not obliged to assign it to the cautioner of the debtor, for his relief.
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Dame Margaret Hume having charged the Laird of Kerse, who was cautioner for the Earl of Lowdoun, for her liferent that she had out of the estate of Lowdoun; he suspends, and alleges, that the charger ought to assign him, seeing the bond wants a clause of relief, whereby he will have difficulty to have relief of the other cautioner's bond.
The Lords found that they could not compel the charger to assign, but in so far as of her own consent she would. See Debtor and Creditor.
