Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.

James Wood
v.
Mr Patrick reid

1683. December.

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Andrew Balfour, who was bankrupt, having, without any onerous cause, assigned a bond to Mr Patrick Reid; after intimation of which assignation, the debtor acquired right to an old debt, due by Balfour the cedent, long before the assignation; and the bankrupt's assignee having pursued the debtor for payment, he, the debtor, raised reduction of the pursuer's assignation, upon the Act of Parliament 1621, as being acquired titulo lucrativo, after contracting of the debt he was assigned to. Answered, The pursuer has acquired right to a bond due by the said Balfour, which is a sufficient onerous cause of the assignation made to him. Replied, The defender's assignation being prior to the pursuer's acquiring right to that bond due by the bankrupt, his cedent, and so a ground of compensation, That inest de jure, the pursuer's posterior right to his cedent's bond cannot make an onerous cause to support the former assignation in his favours, and cut off the defender's anterior ground of compensation. The Lords assoilyied the defender from the process for payment, and likewise decerned in the reduction against Mr Patrick Reid.

Page 21, No. 109.