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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> William Gray of Innernichty v Nicolas Barclay. [1684] 2 Brn 61 (00 March 1684)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
William Gray of Innernichty
v.
Nicolas Barclay
1684 .March .Click here to view a pdf copy of this documet : PDF Copy
A debtor, pursued at the instance of an assignee, alleged, That the assignation not being intimated in the cedent's lifetime, it was in bonis defuncti. Answered, Such a defence is not competent to the debtor, and there is no creditor competing upon a better diligence; sometimes, again, heritable sums are assigned, which cannot be confirmed; and the pursuer offers a discharge with warrandice. The Lords sustained the allegeance for the defender, the sum being moveable.
Page 21, No. 111.
The electronic version of the text was provided by the Scottish Council of Law Reporting