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Scottish Court of Session Decisions >>
Vaus v Law. [1628] Mor 2114 (26 March 1628)
URL: http://www.bailii.org/scot/cases/ScotCS/1628/Mor0502114-042.html Cite as:
[1628] Mor 2114
Registration of a bond was found sufficient distress, upon which a cautioner might seek his relief against a principal suspected to be vergens.
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In an action of relief Vaus contra Law, for relieving of the said Vaus, who was cautioner for Law, to pay a sum of money to the creditor; the Lords sustained the action and charge of relief at the cautioner's instance, against his principal, for whom he was obliged, and who was bound to relieve him; where the principal bond was registrate against the cautioner, and the term of payment was by-past before the seeking of the said relief; albeit the principal alleged, that the cautioner could not seek relief but where he was distrest, either by charge of horning, or by making payment to the creditor, neither whereof he could allege. Likeas he instructed, that the creditor had superseded the payment of the sum while a term yet to come, whereby he could not be distrest: Which allegiance was repelled, and the charge for relieving of the cautioner sustained, seeing the bond was registrate, and the term by-past, as said is; and also the condition of the principal was feared and suspected, as likely to become non solvendo, viz. Mr James Law's father.
Act. Gibson.Alt. Nairn.Clerk, Gibson.
Fol. Dic. v. 1. p. 127. Durie, p. 372.*** The same case observed by Auchinleck.
May 16.—The registration of a bond is sufficient distress, whereupon a cautioner may seek his relief against the principal.
Auchinleck, MS. p. 25.
*** The like, Stevenson against Fraser, Colvil, MS. voce Registration.
