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In an action betwixt the Laird of Edmiston, as assignee constituted by Sir John Ker to a contract for payment of sums of money therein contained, against the Earl of Lothian; this assignation being quarrelled by the Earl of Lothian, as null by the act of Parliament 1592, because it was made by a rebel then, and as yet remaining rebel, to the defender's prejudice, who is the cedent's creditor; this allegeance was repelled, because the contract assigned was an heritable contract, and so came not under that act of Parliament.
Act. Nicolson.Alt. Hope et Belshes.Clerk, Gibson.
Fol. Dic. v. 1. p. 557. Durie, p. 108.*** Haddington reports this case:
In the action betwixt the Laird of Edmiston and the Earl of Lothian, the Lords found, that Sir John Ker's being at the horn hindered him not to make assignation of an heritable bond.
