Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
- v. Lord Harcous
Date: 26 December 1694
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Lord Harcous being pursued to pay a debt, as representing Mr William Hog, his father;—the defence was, That the title was a general assignation, wherein there was no special mention of this, and so was not sufficient without a decreet-dative and a licence. Alleged,—He would confirm before extract. Replied,—That might have served before the late Act of Parliament, 1690, sustaining special assignations without confirmation; ergo general ones must first be confirmed.
The Lords found the Act of Parliament did not alter the case; and that confirming before extract was sufficient.
