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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Paul Hay v Alexander Hamiltoune. [1628] 1 Brn 256 (21 March 1628) URL: http://www.bailii.org/scot/cases/ScotCS/1628/Brn010256-0624.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: Paul Hay
v.
Alexander Hamiltoune
21 March 1628 Click here to view a pdf copy of this documet : PDF Copy
In an action of double poinding, the one party alleged an assignation made in favours of a rebel, to whose escheat the said party was donatar, and by virtue thereof the rebel was in possession. The other party alleged that he ought to be preferred, because he produced an assignation from that same party, maker of the said alleged assignation to the rebel: and the other party produced no right; which he ought to do in a double poinding. The first party alleged that that assignation made to the rebel could not probably be in his hands who was donatar; but he was content to refer to the cedent's oath, that he made the said assignation to the rebel; and sought an incident diligence to pursue for the said assignation. The Lords could not grant him ordinary diligence, but gave him a competent day to obtain the said assignation.
Page 52.
The electronic version of the text was provided by the Scottish Council of Law Reporting