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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Aitchison's Assignees v James Drummond. [1737] 2 Elchies 55 (15 July 1737)
URL: http://www.bailii.org/scot/cases/ScotCS/1737/Elchies020055-003.html

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[1737] 2 Elchies 55      

Subject_1 ASSIGNATION.

Aitchison's Assignees
v.
James Drummond

Date: 15 July 1737
Case No. No. 3.

Click here to view a pdf copy of this documet : PDF Copy

Though a cedent's oath is competent against a gratuitous assignee, yet the Lords thought it not competent against an onerous purchaser from that assignee, albeit the said assignee's right bore love and favour. But the point not decided, because the oath was allowed upon another ground, that the subject was litigious before the onerous purchase.

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


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