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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> James Rule v The Laird of Aytone. [1628] 1 Brn 265 (20 July 1628)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: James Rule
v.
The Laird of Aytone
20 July 1628 Click here to view a pdf copy of this documet : PDF Copy
A creditor to a rebel arrests his farms, and pursues the tenants for making of the arrested goods forthcoming. Compears one, who is made assignee to the donatar of the rebel's escheat and liferent, who had intented a particular declarator of the same farms since the arrestment; and, being admitted for his interest, alleges, He has right to the farms by his assignation. It was answered by the arrester, The assignee can be in no better case nor the cedent; but, so it is, the cedent took the gift to the rebel's behoof. The Lords found the assignee, constituted after the arrestment, was in no better case nor the cedent.
Page 63.
The electronic version of the text was provided by the Scottish Council of Law Reporting