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Scottish Court of Session Decisions >>
Kinloch v Finlayson. [1629] Mor 847 (8 January 1629)
URL: http://www.bailii.org/scot/cases/ScotCS/1629/Mor0200847-046.html Cite as:
[1629] Mor 847
Subject_1 ASSIGNATION. Subject_2 Formalities of an Instrument of Intimation.
Kinloch v. Finlayson
Date: 8 January 1629 Case No. No 46.
Questioned, but not decided, whether a party being out of the country, intimation ought to have been made at the marketcross, or at his dwelling-house.
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James Kinloch being made assignee by Robert Finlayson, to the mails of a house for certain years, pursues the indweller for the mail, who alleging payment to one who arrested the same for the cedent's debt, and who had obtained decreet thereupon against him: And the pursuer alleging, That the payment was made mala fide, his assignation being both made and intimate before the arrestment; it was questioned if this intimation was sufficient, to put him in mala fide to have paid thereafter, seeing it was only made at his dwelling-house, and a copy delivered to his wife, at which time the defender was out of the country: whereby he alleged, that the said intimation should have been made at the market-cross of the head burgh of the shire within which he dwelt, and at the pier and shore of Leith, as in all citations of persons who are out of the country; This intimation being alleged to be more material, and to require more strict formality than citations, and the danger being greater; but this was not decided. See Execution.
