Subject_1 ASSIGNATION. Subject_2 Intimation by what equivalents suppliable.
Adamson v. M'Mitchell
Date: 15 June 1624 Case No. No 61.
Intimation ought to be legally and solemnly made to put the debtor in mala fide.
Click here to view a pdf copy of this documet : PDF Copy
In a suspension the Lords found, the parties knowledge not equivalent to an intimation; for an intimation ought to be legally and solemnly made, to put a party in mala fide, to do any thing against the same; and albeit any party knew that which formally required intimation, yet that knowledge, albeit it were confessed by the party, could not put him in mala fide, where there was not a legal intimation, seeing he could not be prejudged by that knowledge, which was not made known to him by the law, and so which was not necessary to him to know, and thereby was not bound nor obliged by that knowledge.
Act. ——Alt. Cunningham.
Fol. Dic. v. 1. p. 64. Durie, p. 128.
