Scottish Court of Session Decisions

Subject_1 GENERAL ASSIGNATION.
Subject_2 SECT. II.

Relative to Thirlage. - Legacies. - General Clauses in Assignations. - What a General Assignation will carry.

Wades
v.
Heir of Marshal Wade

Date: 11 December 1760
Case No. No 14.

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A person, by a disposition executed in England, after the Scots form, conveyed to his natural children “all and whatsoever debts and sums of money, real and personal, resting or due to him by any person or persons in Scotland, by bond, bill, account, or any other manner of way.” It was questioned between the natural children and the heir at law, whether this disposition was effectual to convey a right to the accumulate sums in certain adjudications at the disponer's instance against the York-Buildings Company.——The Lords found, That the disposition conveyed all debts, whether secured by adjudication, charter and infeftment or not.

Fol. Dic. v. 3. p. 249. Fac. Col.

*** See this case, No 20. p. 221.