Scottish Court of Session Decisions

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

Mauld
v.
L Mathers.

Date: 28 February 1628

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In a pursuit of letters conform, Mauld against Mathers, Mauld being constituted assignee to a pension granted to Andrew Mauld, father to the assignee, which Andrew had the said pension from the E. Marishal, cum potestate transferendi etiam in articulo mortis;—the Lords sustained this action at the assignee's instance, being now pursued after the cedent's decease, the principal pensioner; albeit it was alleged, that the cedent being now dead, that the translation was null; seeing the cedent remained still in possession, notwithstanding of the translation, by uptaking thereof, and giving acquittances thereon, in his own name; so that the translation took never effect in the maker's lifetime, whereby it became ineffectual. This allegeance was repelled, and the action and translation sustained; for this summons of letters conform was raised before the cedent's decease, and thereby the assignation was intimate; whereas, for want of intimation, the contrary was found before, in the action Douglas against the B. Aberdeen. De quo vid. penult June, 1622.

Act. Oliphant. Alt. Mowat. 17th December 1628, Chalmer against L. Craigivar.

Page 351.