To
maintain its current level of service, BAILII urgently needs the
support of its users.
Since you use the
site, please consider making a donation to celebrate BAILII's 25
years of providing free access to law. No contribution is too small.
If every visitor this month gives just £5, it will have a
significant impact on BAILII's ability to continue providing this
vital service.
Thank
you for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Stewart v Maxwell. [1615] Mor 836 (19 January 1615)
URL: https://www.bailii.org/scot/cases/ScotCS/1615/Mor0200836-023.html Cite as:
[1615] Mor 836
Subject_1 ASSIGNATION. Subject_2 Whether Assignation not intimated denudes.
Stewart v. Maxwell
Date: 19 January 1615 Case No. No 23.
The contrary found, where a third party concerned.
Click here to view a pdf copy of this documet : PDF Copy
In an assignation betwixt Sir James Stewart and Alexander Maxwell, the Lords sustained an assignation made by James Stewart of, to Mr John Wardlaw, for relief of his cautionry, albeit the same was not intimate before the rebellion; and that because Mr John was obliged as cautioner, by an act of Council before the rebellion, and also had taken his assignation before the rebellion.