Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION. 1683 and 1684.
Renton of Lamerton v. The Earl of Annandale
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1683. February 9.—The case, Renton of Lamerton, against the Earl of Annandale, being reported by Harcous; the Lords found, the pursuer's and defender's predecessors being two of the six cautioners for the Earl of Home's debt, and Lamerton having paid the whole, Annandale could not be liberated on his offering to pay his fifth part of the sum, but behoved to bear one half, and the pursuer the other, and so divide the whole betwixt them; because it was notourly known, that the other four, viz. Home of Dirington, Sir Hary Home, &c. were insolvent or dead, without any representatives, and so needed no discussion. See this altered 18th December 1684.
Vol. I. Page 216.
1684. December 18.—The Lords in præsentia reponed the Earl of Annandale against a decreet obtained by Renton of Lamerton against him, as heir to his father, who was one of the co-cautioners with Lamerton's father for the Earl of Hume, as mentioned supra, 9th February 1683; and allow him yet to prove that some of the other co-cautioners have representatives, and are solvent, and so the Earl of Annandale cannot be liable for their parts; and this in respect he was minor the time of obtaining that decreet.
