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Scottish Court of Session Decisions

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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> A. v B. [1611] Mor 10365 (22 January 1611)
URL: https://www.bailii.org/scot/cases/ScotCS/1611/Mor2510365-041.html

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[1611] Mor 10365      

Subject_1 PERSONAL and TRANSMISSIBLE.
Subject_2 SECT. III.

What Rights go to Assignees.

A
v.
B

Date: 22 January 1611
Case No. No 41.

A burgess of Edinburgh may take assignation to a debt owing to another burgess, and thereupon arrest the debtor, and cause ward him till he find caution.


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A Burgess of Edinburgh may take an assignation to a debt owing to another burgess, and thereupon arrest his debtor, and cause ward him while he find caution to answer as law will.

If the janitor suffer a man to escape who was warded for debt, he will become debtor to the party at whose instance he was warded; but the debt must first be tried against the principal party, unless his warding proceed upon a decreet; and if he who escaped die before payment, or his re-entry, the janitor will be debtor.

A stranger, who is addebted to a Scotsman, coming to this country, may be charged by an officer, at command of a Bailie, to enter in ward, while he find caution to answer as law will.

Fol. Dic. v. 2. p. 78. Haddington, MS. v. 2. No 2107.

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


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URL: https://www.bailii.org/scot/cases/ScotCS/1611/Mor2510365-041.html