Scottish Court of Session Decisions

Subject_1 ASSIGNATION.
Subject_2 Intimation by what equivalents suppliable.

Competition of the Creditors of the deceased Lord Ballenden, and the Countess of Dalhousie, his relict

Date: 28 March 1707
Case No. No 71.

A bond contained an assignation to an annuity, and was subscribed by the party by whom the annuity was payable: This found equivalent to intimation, in competition with assignations formally intimated.

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In a competition of the creditors of the Lord Ballenden and the Countess of Dalhousie, his relict, Sir Robert Sinclair of Stevenson craved preference upon a bond granted by the said Lord Ballenden and the Earl of Dulhousie, for the principal sum of three thousand merks, containing an assignation by the Countess of Dalhousie, with consent of the Lord Ballenden her husband, to her jointure-rents subjoined to the bond; which bond and assignation are subscribed by the Karl of Dalhousie, the Lord Ballenden, and the Countess.

The Lords found, That the Earl of Dalhousie's subscribing the bond and assignation did supply the necessity of an intimation, to prefer Stevenson to the other creditors whose rights were of a posterior date.—Albeit it was alleged for them, That the Earl's subscribing the writ containing the assignation, can only be considered in so far as it concerns the assignation. as if he had been witness to the paper; seeing the Earl is only bound in the obligatory part of the bond, and the Countess assigns.—In respect it was answered for Stevenson, That though the usual way of making intimations is by instrument, that is not the only way, January 22. 1630, M'Gill, No 63. p. 860.; Stair, Instit. lib. 3. tit. I. § 9. And the Earl of Dalhousie, debtor in the jointure, was sufficiently certiorated by his subscribing the bond in which the assignation was contained.

Fol. Dic. v. 1. p. 65. Forbes, p. 166.