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.

Robert Murray
v.
Thomas Mylles

Date: 29 January 1630

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The deceased John Coustoun, burgess of Dundee, infeft Thomas Mylles, his brother-in-law, in two tenements of land in Dundee, under reversion of ten shillings, to be redeemed by John Coustoun, in his own time allenarly. John Coustoun uses the order of redemption in his own time, and intents declarator; and, having made Robert Murray, a creditor, assignee to the said reversion and redemption,—after intimation thereof, John Coustoun departs this life, and Robert Murray pursues a transferring of the said order of redemption. It was alleged by Thomas Mylles, That the pursuer could not have transferring; because he was not made assignee to the order of redemption. To the which it was replied, That, in so far as he was made assignee to the redemption, after the order thereof was used, it behoved to import that he was made assignee to the order. The Lords decerned transferring.

2d MS. Page 198.