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In an action pursued by William Rosyd, son to William Rosyd, burgess of Ayr, against Allan Cathcart of Colphin, cautioner for Bessie Johnston, mother and tutrix to the pursuer, the Lords assoilzied the said Allan from the alternative of the summons, bearing, that the tutrix intromitted, at the least might have intromitted; because from the date of becoming cautioner and the decease of the tutrix, there intervened only four months, during the which time it was constat that the burgh of Ayr was infected with the plague.
