If an action, raised in the name of an assignee without a sufficient title, will be validated by the concurrence of the cedent?
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An assignee may competently pursue in name of his cedent; but if the process be not well founded, when raised in his own name, his cedent's compearing and concurring will not supply the defect.
And therefore, in this case, where Paxton, upon a bare minute of sale from the proprietor, pursued a removing in his own name, he was found to have no title in his person to pursue such process, nor was his author's compearing and concurring found sufficient to support the action, in respect there was no summons in his name.
