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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Clerk v Napier. [1614] Mor 835 (11 February 1614)
URL: http://www.bailii.org/scot/cases/ScotCS/1614/Mor0200835-022.html
Cite as: [1614] Mor 835

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[1614] Mor 835      

Subject_1 ASSIGNATION.
Subject_2 Whether Assignation not intimated denudes.

Clerk
v.
Napier

Date: 11 February 1614
Case No. No 22.

A donatar of escheat, found entitled to a subject, although previously assigned; but the assignation not intimated.


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In an action of special declarator, pursued by John Clerk, donatar to the estate of John Cuthbert, against William Napier of Wrights houses; the Lords found, That a declarator made by John Cuthbert, before the rebellion, That the haill sums pertained to William Napier; which also contained an assignation to the sums; could not prejudge the King's donatar, because it was not intimate.

Kerse, MS. fol. 54.

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/1614/Mor0200835-022.html