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[1617] Mor 828      

Subject_1 ASSIGNATION.
Subject_2 Nature and Effect of an Assignation.

A
v.
B

Date: 28 February 1617
Case No. No 4.

The cedent's fraud not imputable to the assignee.


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The Lords found, That the exception of simulation of a gift of escheat, taken upon the expences of the rebel, could not be opponed, that the assignee, who, being a creditor, had acquired the same to his own behalf, except it were proven that the assignation was also simulate.

Kerse, MS. fol. 54.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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