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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Stewart v Maxwell. [1615] Mor 836 (19 January 1615)
URL: http://www.bailii.org/scot/cases/ScotCS/1615/Mor0200836-023.html
Cite as: [1615] Mor 836

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[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.


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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.

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/1615/Mor0200836-023.html