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Scottish Court of Session Decisions >>
Forbes v Forbes. [1740] Mor 10404 (00 1740)
URL: http://www.bailii.org/scot/cases/ScotCS/1740/Mor2510404-083.html Cite as:
[1740] Mor 10404
Subject_1 PERSONAL and TRANSMISSIBLE. Subject_2 SECT. III.
What Rights go to Assignees.
Forbes v. Forbes
1740. Case No. No 83.
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A clause in an assignation (or bond) excluding assignees, will not bar the creditors of an assignee, but it will bar an assignation, though for an onerous cause, to one not creditor prior to the assignation; and so it was found at the instance of a substitute in the assignation to bar a conveyance in the assignee's contract of marriage.
Kilkerran, (Personal and Transmissible.) No. 1. p. 396.
