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Scottish Court of Session Decisions >>
The Earl of Weimes v The Marquis of Douglas. [1670] 2 Brn 494 (16 July 1670)
URL: http://www.bailii.org/scot/cases/ScotCS/1670/Brn020494-0828.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
The Earl of Weimes v. The Marquis of Douglas
Date: 16 July 1670
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This was a pursuit for relief of cautionary paid by the Earl for the Marquis his father.
Alleged, 1mo, A great part of the sums paid were bygone annualrents, of which he can never be heard to crave annualrent. replied, Ought to be repelled, in regard a cautioner ought to be freed of all damage and interest incurred by him thereby. The Lords found he should have annualrent of the annualrent paid.
Alleged, 2do, He can never be heard to seek relief unless he say he paid it on a distress. Replied, The bond was registrate by the president against him The Lords found that sufficient distress.
