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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Graham v Reid. [1735] 1 Elchies 42 (7 November 1735)
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Cite as: [1735] 1 Elchies 42
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[1735] 1 Elchies 42
Subject_1 ASSIGNATION.
Graham
v.
Reid
1735 ,Nov. 7 .
Case No.No. 1.
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Kilkerran, probationer reporter. The Lords found a decreet holding as confessed not null, for that the execution was not produced, the decreet being in 1693. 2dly, A bond being assigned to one, and the heirs of his body, and their heirs and assignees, whom failing to another, the decreet obtained at the substitute's instance without service or cognition as heir to the institute void and null. But if the substitution had been to him directly without mentioning the heirs of the instituted body, the Lords thought no service or cognition would be necessary. 3tio, They found the decreet void and null, for that it was obtained at an assignee's instance after the cedent's death upon a general assignation without confirmation.
The electronic version of the text was provided by the Scottish Council of Law Reporting