Scottish Court of Session Decisions

Subject_1 OBLIGATION.

Richardsons, &c
v.
Craigends

Date: 20 February 1736
Case No. No. 3.

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Scot of Blair being cautioner for Sir John Houston in three debts to Forrest, Richardsons, and Chaplain, Merchiston afterwards acceded in a corroboration. By agreement betwixt Blair and Craigends, Blair became bound to purchase the debts and assign them to Craigends, so far as concerned Houston, but noways against himself, and Craigends gave a bond to Blair for about the half of the sums to be paid upon his so assigning. Blair did assign Forest's debt but having afterwards failed, Richardsons and Chaplain did arrest in Craigends's hands, and to purify the condition, executed assignations to him of the debts so far as concerned Houston, but reserving them against Blair and Merchiston, that they might out of their effects recover what they would come short of their debt. But as Houston was principal debtor, and Blair and Merchiston in effect but cautioners, and had relief against Houston, the Lords found that they must assign, without reservation against Blair and Merchiston.