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Clerk v Napier. [1614] Mor 835 (11 February 1614)
URL: http://www.bailii.org/scot/cases/ScotCS/1614/Mor0200835-022.html Cite as:
[1614] Mor 835
Subject_1 ASSIGNATION. Subject_2 Whether Assignation not intimated denudes.
Clerk v. Napier
Date: 11 February 1614 Case No. No 22.
A donatar of escheat, found entitled to a subject, although previously assigned; but the assignation not intimated.
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In an action of special declarator, pursued by John Clerk, donatar to the estate of John Cuthbert, against William Napier of Wrights houses; the Lords found, That a declarator made by John Cuthbert, before the rebellion, That the haill sums pertained to William Napier; which also contained an assignation to the sums; could not prejudge the King's donatar, because it was not intimate.
