Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: Janet Rollo
v.
-
6 July 1627 Click here to view a pdf copy of this documet : PDF Copy
Janet Rollo, assignee constituted by her sister, who was executor confirmed to her mother, pursues, upon this assignation, for a debt owing to their mother. The action is intented after the cedent's decease. The Lords will not sustain action upon the assignation made by the defunct's executor's cedent, except sentence had been received against the debtor, at the executor's instance, in her own lifetime; but, to supply all, the Lords ordained the assignee to confirm herself executrix to her mother, and the process to ly over in the meantime; and, after the confirmation, to reform the summons.
Page 72.
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