Oath of the cedent good against the assignee before intimation.
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In the review of a decreet in 1659, at the instance of the Laird of Pitfoddels, against the Laird, of Glenkindy; in which decreet, Glenkindy's cedent's oath, having been taken, that the cause of the bond was for an assignation to a wadset, which was excluded by apprising; after report whereof, Glenkindy the assignee alleged, That his cedent's oath, could not prejudge him; and it being answered, That he made no objection before the oath taken, neither could make any just objection, because the oath of the cedent, any time before intimation, is sufficient against the assignee; Glenkindy answered, That his being called in that process as assignee, and compearing, and insisting as assignee, was an intimation, which was before taking of the oath, which was found relevant in the said deeree, and now rescinded by the Lords, upon this consideration, that the citation being ad bunc effectum, to instruct the cause of the bond, the insisting in that pursuit could not be such an intimation, as to exclude the cedent's oath.
