Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION reported by SIR ROBERT SPOTISWOODE OF PENTLAND.
Subject_2 Such of the following Decision as are of a Date prior to about the year 1620, must have been taken by Spotiswoode from some of the more early Reporters. The Cases which immediately follow have no Date affixed to them by Spotiswoode.

James Lands
v.
James Douglass and Robert Geddes

Date: 29 July 1629

Click here to view a pdf copy of this documet : PDF Copy

James Lands, as father and administrator of the 1aw to his son Robert, heritable proprietor of a tenement in Edinburgh, sets, in tack and assedation, the same tenement to his brother, John Lands, for seven years, for the yearly payment, by him, of 675 merks. James Lands, being addebted in certain sums to James Douglass and Robert Geddes, makes assignation to them of the same tack-duty, aye and while they were paid: Upon which assignation they charge John Lands for payment of his tack-duty, who suspended upon this reason, That James, as tutor, &c. could not assign the tack-duty for payment of his own proper debts. Answered, As he had power to set the tack, being administrator to his son, so he might assign the duty. 2do. This allegeance was not competent to the defender, who was obliged to pay to the cedent, and consequently to his assignee; and as James, if he had received payment of the tack-duty, might have given it to his creditors, so he might assign it. The Lords found the assignation null.

Page 20.