Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 YULE VACANCY.
James Johnston v. James Syme
1677.
January.
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On the occasion of James Johnston, writer to the signet, his action against James Syme, burgess of Hamilton, for payment of a debt owing by his good-sire, wherein we did his process, because Syme was only descended of a third son of the debtor, and so could not be his heir, (see many other defences in the information apud me,) we fell to discourse on this point of law, viz. Where a man assigns a debt to another, and gives warrandice from his own fact and deed, and there be a prior sentence absolvitor from that debt, we thought it would fall under the warrandice; but if the warrandice in the assignation be so qualified, that it is only from all former assignations or discharges, a sentence does not fall under the warrandice of fact and deed. See Mangilius de Evictionibus, Quæstionibus 14, 15, and 16.
