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Scottish Court of Session Decisions >>
Sir Alexander Wedderburn of Blackness, v James Mann late Bailie in Dundee. [1707] Mor 10399 (23 July 1707)
URL: https://www.bailii.org/scot/cases/ScotCS/1707/Mor2510399-077.html Cite as:
[1707] Mor 10399
Subject_1 PERSONAL and TRANSMISSIBLE. Subject_2 SECT. III.
What Rights go to Assignees.
Sir Alexander Wedderburn of Blackness, v. James Mann late Bailie in Dundee
Date: 23 July 1707 Case No. No 77.
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James Mann, son and apparent heir to Mann, who stood infeft in some acres of land lying near the Ports of Dundee, having, in the year 1704, disponed these acres to Sir Alexander Wedderburn, with an assignation to that current year's rent; and Bailie Mann, as a creditor of the tenant's having poinded that whole crop out of his barn-yard, before the master's rent was satisfied; the Lords found that Sir Alexander Wedderburn had jus hypothecæ for the year's rent, as his cedent the apparent heir would have had.