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James Halyburton, as assignee constituted by his father, pursues the Earl of Roxburgh, for payment of a debt due to his father. The defender alleged no process, because the assignation was not intimated in the cedent's life, and so he was not denuded, but the sum remained in bonis defunctis, and behoved to be confirmed, especially, seeing this assignation is a general assignation, omnium bonorum, without condescending upon this or any other particular.