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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> William Gray v The Relict of Bailie Deans. [1684] 2 Brn 60 (00 March 1684) URL: http://www.bailii.org/scot/cases/ScotCS/1684/Brn020060-0160.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
William Gray
v.
The Relict of Bailie Deans
1684 .March .Click here to view a pdf copy of this documet : PDF Copy
In a pursuit at the instance of an assignee, it was alleged for the defender,
That the pursuer's assignation was not intimated in the cedent's lifetime, and so was in bonis of the defunct, and ought to be confirmed. Answered, The pursuer shall give a discharge with warrandice, which the Lords have found sufficient; and the commissary is not compearing. Replied, Where a bond assigned contains an heritable quality, the Lords sustain a discharge with warrandice as sufficient; but the sum here assigned, being moveable, must be confirmed. The Lords ordained the pursuer to confirm before sentence. Page 21, No. 110.
The electronic version of the text was provided by the Scottish Council of Law Reporting
