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Scottish Court of Session Decisions >>
Hamilton v Ross. [1622] Mor 1667 (6 December 1622)
URL: http://www.bailii.org/scot/cases/ScotCS/1622/Mor0401667-011.html Cite as:
[1622] Mor 1667
Effect of a Blank Writ after the Death of the Proprietor.
Hamilton v. Ross
Date: 6 December 1622 Case No. No 11.
An assignee to a blank writ found entitled to fill it up after the cedent's decease.
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In an action betwixt Hamilton of Milburn and Ross, the Lords found an assignation made by the cedent, and delivered blank in the name of the assignee to the receiver upon his own trust, might be filled up by the receiver of the assignation, with any person's name he pleased to insert as assignee, and which he might do, and fill up and insert the name in the blank after the cedent's decease, albeit it remained blank all the time of the cedent's life; seeing by making of the assignation the cedent was denuded, and the delivery of the same blank, in effect gave him liberty to fill up what name he pleased; in filling up whereof with any name the receiver thought convenient, the cedent, who was lawfully denuded, by subscribing of the assignation, could not have prejudice.
