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 Cuningham
v.
James Stewart

Date: 9 December 1629

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James Cuningham, assignee constituted to a bond, and decreet following thereupon, by umquhile David Clerk, sought this assignation to be transferred in himself activè, against George Borthwick, granter of the bond to his cedent: Compeared Mr James Stewart, as creditor to the pursuer's cedent; and, for instructing thereof, produces letters of horning, whereby the said David Clerk was denounced rebel at his instance: whereupon, being admitted for his interest, he alleged no transferring of the assignation foresaid, because it was made by the said defender, he being rebel the time of the making thereof, and yet remaining rebel for the same cause; and so, by the 145th Act Parliament 1592, a lawful creditor could not be prejudged by such an assignation. Replied, That the bond was heritable, and consequently might be assigned, notwithstanding of the Act of Parliament foresaid and the cedent's being at the horn. The Lords repelled the exception in respect of the reply.

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