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Janet Robertson, relict of umquhile ——— Campbell, and executor to him, pursues four of her husband’s debtors, whereunto she was made assignee to her husband, in satisfaction of her third part of his goods and gear which might fall to her by his decease. The defenders alleged, No process at her instance as assignee; no assignation made by her husband to her stante matrimonio could subsist, but immediately after the making thereof the same returned to the husband as his own gear, and behoved to be confirmed in his testament. The Lords repelled the allegeance, seeing the debtor had no interest to propone the same.
