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Scottish Court of Session Decisions >>
Chisholm v M'Dougall. [1631] Mor 10157 (8 March 1631)
URL: http://www.bailii.org/scot/cases/ScotCS/1631/Mor2410157-016.html Cite as:
[1631] Mor 10157
Competent to any party, though neither creditor nor donatar, to object, non persona standi.
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In a pursuit at Walter Chisholm's instance, as assignee constituted by the Goodwife of Gallashiels, and John Hume her spouse, against Sir William M'Dougall, for payment of certain duties of lands pertaining to her in terce, intromitted with by Sir William, wherein horning being produced against John Hume, spouse to the said Goodwife of Galashiels, in respect whereof he alleged, That no process could be granted at the assignee's instance; the Lords found, That seeing the assignee declared that this pursuit was moved to the behoof of his cedent the Lady Galashiels, albeit the assignee was not at the horn, yet the cedent's husband being at the horn, as the said horning would have debarred her of it if it had been pursued at her own instance and her said husband's, so it should also stay the process at the assignee's instance, being done to their use, as said is; which was so found, albert the principal party, viz. the Goodwife of Galashiels, was not at the horn, and albeit the horning was only produced by the defender, who was neither creditor nor donatar; and that no donatar nor creditor used the same, and though it was to stay process for the Lady's means of her aliment.
Act. ——.Alt. Nicolson.Clerk, Gibson.
Fol. Dic. v. 2. p. 84. Durie, p. 577.
*** Spottiswood's report of this case is No 9. p. 5734, voce Horning.
