Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.

Tyrie
v.
Ogilbie of Milnetoune

Date: 8 January 1667

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The case was thus: Park being debtor to David Tyrie in L.1000, and having purchased an assignation to a debt owing by Ogilbie of Milnetoune to John Rynd; and of the which debt, Park, by a bond of relief, was bound to relieve the Laird of Milnetoune; and Park having taken the assignation blank, he fills up Tyrie's name in it; who, charging Milnetoune to pay the sum, he suspends on this reason,—That the assignation was procured by the means and moyen of Park, and delivered to Tyrie blank, who filled up his name in it; and so being procured by his means, he offered to instruct instantly by writ that Park was obliged to relieve him of it.

The Lords found, where bonds of relief are granted by parties who thereafter purchase blank assignations to the same very debts which they are bound to relieve, that these assignations, though delivered to creditors for causes onerous, yet that they are in the same case as if they were in the person of him who is obliged in relief.

This may seem strange, that the assignee, who is creditor, and possibly bona fide granted discharge to the party from whom he got the assignation, should be prejudged by his fraud and cheat; but it seems to have much equity in it, and tends much to discourage fraudulent conveyances of rights, which both judges and lawyers ought mainly to regard.

Act. Dinmuire . Alt. Seaton. Advocates' MS. folio 57.