Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Subject_2 The following CASE, and those in the preceding pages, marked as taken from 2d MS. are not found in the MS. followed by Mr Morison, while printing in his Dictionary the Cases from Auchinleck referred to in the Folio Dictionary by Lord Kames.

Cant
v.
Edgar;

or,

Falconer
v.
Beattie

1629. March 18. 1627. December 12.

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In an action pursued by Cant against Edgar, it was alleged by the defender, That the debt contained in his father's bond, which was heritable, and for the which he was pursued as heir to his father, by this pursuer, heir to the assignee, could not appertain to the assignee's heir, but to his executors; because, although the bond be heritable, yet the assignation made it moveable, and, consequently, to appertain to the executors. The Lords repelled the allegeance, and found that the assignation did not alter the nature of the bond.

2d MS. Page 10.