Scottish Court of Session Decisions

Subject_1 CAUTIONER.
Subject_2 SECT. VII.

Relief of Cautioners.

Paton
v.
Paton

Date: 7 July 1668
Case No. No 49.

A bond of relief was found to be the ground of a charge, tho no distress was produced, it bearing an obligation to pay at a certain term.

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James Paton, fiar of Ballilisk, being engaged for his father John in several bonds as cautioner, besides the obligements of relief contained in the bonds, did receive a bond apart, wherein his father was obliged to satisfy the several debts before the terms of payment contained in the saids bonds, and to relieve his son; whereupon being charged, the father did suspend, upon this reason, that there was no distress produced, without which he could not be charged for relief; notwithstanding whereof the letters were found orderly proceeded, in respect of the conception of the bond to pay at a certain term.

Fol. Dic. v. 1. p. 127. Gosford, MS. No 23. p. 9.