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Kennedy v Hamilton. [1666] Mor 13277 (15 November 1666)
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Subject_1 QUOD AB INITIO VITIOSUM. Subject_2 SECT. IV.
Making up Titles ex post facto.
Kennedy v. Hamilton
Date: 15 November 1666 Case No. No 47.
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The Lords found a comprising, upon a charge to enter heir, null; because the person, at whose instance the charge was, had no right to the debt the time of the charge; the assignation, whereby he had right, being acquired thereafter, so that the charge was inanis, and without ground. Me referente.
Fol. Dic. v. 2. p. 304. Dirleton, No 47. p. 19.
*** This case is mentioned by Stair in his report of Abercrombie against Anderson, which follows.
