Subject_1 ASSIGNATION. Subject_2 Intimation by what equivalents suppliable.
L Dunipace v. Sandis
Date: 31 March 1624 Case No. No 60.
A debtor holding communings with the assignee, relative to payment to him as assignee, held to be equivalent to intimation.
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In a suspension betwixt L. Dunipace and Mr Patrick Sandis, as assignee to an obligation constitute by one Erskine, the charges being desired to be suspended, because they were given at the assignee's instance, after the cedent's decease, the assignation not being intimate in the cedent's lifetime: The charges were sustained for this allegeance, viz. because the L. of Dunipace, who was debtor by the said obligation, had treated sundry times with the assignee anent the payment to him as assignee, of the said sums, and had offered to him some satisfaction therefor, which was referred to the L. of Dunipace's own oath, and which the Lords sustained as a sufficient intimation, he knowing the same, as said is, in the cedent's lifetime, and which the Lords found as sufficient, as if intimation had been legally and formally made; for, by his treating with him as assignee, he acknowledged the assignation, as if it had been intimate.
Act. Aiton.Alt. Mowat.Clerk, Gibson.
Fol. Dic. v. 1. p. 64. Durie, p. 127.
