A cautioner, although he had not paid, was preferred, as executor-creditor, to the relict, he producing a right to the debt, or discharge of it, before extract.
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A cautioner being distressed, and confirming as executor creditor to the principal debtor, and the relict as a posterior executrix creditrix competing, and alleging he had no right till he paid, and he answering that he was willing with the goods confirmed to pay the debts wherein he was bound.—The Lords sustained his confirmation, providing he produced a right to the debt, or a discharge thereof before extracting.
