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Janet Courtie, assignee made by umquhile Agnes Grier to a bond of 100 merks, made to her by James Cunninghame, pursues the said James for payment The defender alleged, That the assignation is made by the cedent on her death-bed, the bond being heritable. This allegeance was repelled, in this place; but prejudice to reduce upon that ground prout de jure; for the Lords found, that they would not, in this process, by way of exception, so summarily annul the assignation.