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URL: http://www.bailii.org/scot/cases/ScotCS/1685/Mor2711496-172.html
Cite as: [1685] Mor 11496

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[1685] Mor 11496      
Subject_1 PRESUMPTION.
Subject_2 DIVISION III.

Donatio non pręsumitur.
Subject_3 SECT. VIII.

Rights taken, in name of Third Parties not delivered.

Lady Hissleside
 v.
Littlegill

1685. January.
Case No. No 172.

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Found that a debtor granting assignation to his creditor, and causing intimate the same in the creditor's absence, but retaining the assignation and instrument of intimation in his own possession, is not denuded till the assignation be delivered to the creditor, or some person for his behoof; but this is not without some scruple; seeing the notary's having the assignation in his hand, and intimating in the creditor's name, may be construed a delivery to the notary for the creditor.

 Fol. Dic. v. 2. p. 148. Harcarse, (Assignation.)No 113. p. 22.

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/1685/Mor2711496-172.html