Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ALEXANDER GIBSON, OF DURIE.

George Scot and William Inglis
v.
David Junkine

Date: 1 July 1626

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In an action of deforcement, pursued by George Scot for himself, and as assignee constituted by William Inglis, against David Junkine, who had taken away certain goods pertaining to William M'Kean, debtor to the said George Scot and William Inglis, and which they were poinding for satisfying of the said debt, at the deducing of the which poinding, the said David Junkine deforced the officer;—in this process the Lords sustained the pursuit also moved by the assignee constituted by Inglis to his part; albeit the assignation was dated after the intenting of this action, and so it could not be a title to instruct that pursuit and summons, whereas the same was dated after the intenting of that pursuit by him as assignee. Which allegeance was repelled, and the assignation sustained to instruct that pursuit, seeing the same had relation to another assignation of an anterior date, which was lost; and also the cedent present concurred at the bar in this pursuit with the assignee, and affirmed the assignation.

Vid. 29th July 1625, E. of Wintoun; 20th January 1625, L. Selms; 20th March 1623, Lo. Yester.

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