Found that a rebel may assign a debt, even after rebellion, provided it be before declarator, in prejudice of the King's donatar.
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James Lindsay, donatar to the escheat of Alison Nisbet, pursues the Laird of Corshaw, debtor to the said Helen, for a sum of money owing by him to the rebel, by a summons of special declarator. It is excepted for the said Corshaw, That he made payment to David Nisbet, who was constituted assignee to his debt by the rebel, before the gift and general declarator. To which it was replied, That the exception ought to be repelled, except the assignation was made before the rebellion, because it was not lawful to the rebel stante rebellione to make an assignation or voluntary disposition, in prejudice of the King's Majesty, or his donatar, conform to the act of Parliament, James VI, Parl. 12. cap. 147. The Lords found the exception relevant to liberate the debtor, and the act of Parliament alleged nullitatis causa, only against assignations made in defraud of the creditor at whose instance the debtor is denounced rebel.
