Subject_1 ASSIGNATION. Subject_2 Whether Assignation not intimated denudes.
Stevenson v. L Craigmiller.
Date: 3 February 1624 Case No. No 25.
An assignation intimated before the cedent's death, is sufficient warrant without transferring.
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In the action betwixt Stevenson and Craigmiller, whereof mention is made No 24. p. 836. the Lords found, That an assignee to a sentence obtained by him who was cedent, before the making of the assignation, might by virtue of that assignation, the same being intimated by the assignee, to the debtor, against whom the cedent had obtained the said sentence, in the cedent's own lifetime, execute the said sentence, by letters of horning, poinding, or comprising, at the assignee's own instance, (the said assignation being intimated, before the cedent's decease, to the debtor, as said is,) and that the assignee had no necessity to transfer the said sentence, before he could deduce execution, but that he might lawfully charge, &c. upon the said assignation so intimated, without any transferring, or other action.
Fol. Dic. v. 1. p. 62. Durie, p. 104.*** Lord Kerse mentions the same case thus:
Found by the Lords, That an assignation intimate before the cedent's decease, is sufficient warrant and title to raise letters of horning, poinding, and comprising, at the instance of the assignee, without transferring of the decreet to a bond registrate.
