Scottish Court of Session Decisions

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

Frank
v.
Cunningham

1685. February.

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In a competition for mails and duties betwixt one Cunningham an appriser, and Mr John Frank, as having right from Mr Moubray and his wife to another apprising, whereof she was fiar;—it was alleged for Cunningham, That Mr Frank's right was posterior to a written declaration granted by Mr Moubray, whereby he acknowledged his intromission with more of the mails and duties of the lands apprised than came to his share; and that he was willing that Cunningham, the other appriser, should intromit with the whole mails, till he received as much as Moubray had uplifted more as his share; which written declaration imports materially an assignation, though the paper be not formal; and Moubray's jus mariti was conveyable by assignation. Answered for Frank, That the right to Cunningham was but a factory, and could not be obtruded against a singular successor in the right of apprising. The Lords sustained the paper as an assignation.

Page 22, No. 114.