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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Andrew White of Thursto v Elizabeth Maxwell. [1669] 1 Brn 596 (21 July 1669)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.
Date: Andrew White of Thursto
v.
Elizabeth Maxwell
21 July 1669 Click here to view a pdf copy of this documet : PDF Copy
In a double poinding, raised by John Mitchell of Balvardie, as debtor to John Maxwell of Dalswintoun, by his bond; Andrew White of Thursto craved to be answered, as being creditor to Dalswintoun, and having arrested; and the said Elizabeth craved to be preferred, as having right from Sir Henry Nisbet, who was assignee, constituted by Dalswintoun, to the said bond.
It was alleged, That the assignation was inter conjunctas personas, Sir Henry being Dalswintoun's brother-in-law; who, without any onerous cause, transferred his right to Dalswintoun's own daughter, who was then in Jamilia with her father.
It was replied, That the assignation could not be taken away ope exceptionis; but by reduction, upon the Act of Parliament 1621.
The Lords found no necessity of a reduction; but ordained, that Elizabeth should condescend upon the onerous cause; and, if the assignation was purchased by the means of the grand-mother, as was informed, or the means of any other person than her father, and what way she could prove the same.
Page 74.
The electronic version of the text was provided by the Scottish Council of Law Reporting