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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Susan Barham, Relict of Fraser of Kinmundie v Lord Mordaunt. [1733] 2 Elchies 135 (29 November 1733)
URL: http://www.bailii.org/scot/cases/ScotCS/1733/Elchies020135-002.html

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[1733] 2 Elchies 135      

Subject_1 COMPENSATION - RETENTION.

Susan Barham, Relict of Fraser of Kinmundie
v.
Lord Mordaunt

Date: 29 November 1733
Case No. No. 2.

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An Assignee pursuing for payment, compensation upon a debt of the cedent's assigned to the defender was repelled; because, though his assignation was prior to the pursuers, yet the defender had not intimated liis assignation to the pursuer's cedent, (then his creditor,) till after the pursuer had intimated her assignation to the defender.

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/1733/Elchies020135-002.html