Scottish Court of Session Decisions

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

Sir James Stamfield
v.
Mr Robert Blackwood

1686. January.

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John Macfarlane having granted bond to Mr David Watson, who assigned it to Mr John Mackenzie, who transferred it to Mr Robert Blackwood; and thereafter Sir James Stamfield having, after the assignation to Mr Mackenzie, and before his translation to Blackwood, arrested the money in the debtor's hands, as truly belonging to Sir Donald Macdonald, and only in trust in Mr Watson's person;—in the competition betwixt the arrester and Mr Blackwood, it was alleged for the former, That he offered to prove, by the oaths of Mr Macfarlane and Mr Mackenzie, That the bond was granted for the behoof of Sir Donald. Answered for Mr Robert Blackwood, That the cedent could not depone, nor the debtor be examined upon the trust against him, an assignee for an onerous cause. The Lords ordained both Mr Macfarlane and Mr Mackenzie, and also Mr Robert Blackwood, to be examined about the trust.

Page 22, No. 116.