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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> James Johnston of Corehead v James Johnston of Neis. [1636] Mor 8366 (30 July 1636)
URL: http://www.bailii.org/scot/cases/ScotCS/1636/Mor2008366-052.html
Cite as: [1636] Mor 8366

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[1636] Mor 8366      
Subject_1 LITIGIOUS.
Subject_2 DIVISION III.

Litigious by Denunciation on a Horning.
Subject_3 SECT. III.

Whether litigiosity bars payment, and other acts of ordinary management.

James Johnston of Corehead
 v.
James Johnston of Neis

Date: 30 July 1636
Case No. No 52.

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A debt being owing to the rebel, and assigned by him to one of his creditors stante rebellione; if the assignee hath not got possession of what is assigned to him, before the gift of his cedent's escheat, the donatar will exclude him from it, although it be for never so onerous a cause.

 Fol. Dic. v. 1. p. 556. Spottiswood, (Escheat and Liferent.) p. 107.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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URL: http://www.bailii.org/scot/cases/ScotCS/1636/Mor2008366-052.html