Subject_1 ASSIGNATION. Subject_2 Nature and Effect of an Assignation.
L Anstruther v. Black
Date: 27 July 1626 Case No. No 13.
A person assigning a sum, for which he has heritable security, is net thereby denuded. The right may be, notwithstanding, adjudged.
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In an action betwixt the L. of Anstruther, as assignee constitute by Sir Thomas Dischington, to some monies addebted to him by Mr Black, out of the lands of Largo, the Lords found, That an assignation made to sums of money, for the which Sir Thomas, the cedent, had charter and sasine, the time of the assignation, could not be so valiably assigned; but that notwithstanding of the assignation and intimation thereof, another of the cedent's creditors might thereafter comprise the same from the debtor; and which compriser would be preferred in his right to the prior assignee, seeing the assignation was not babilis modus to denude the cedent of his real right, whereof he had then charter and sasine; but whereupon, at the time of the assignation, the cedent was not infeft, though thereafter he acquired charter and sasine, but then another comprises; yet the assignee will be preferred to the compriser, notwithstanding of the said subsequent charter after the assignation, and before the comprising.
