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Anent Warrandice in an assignation. [1671] 2 Brn 519 (13 February 1671)
URL: http://www.bailii.org/scot/cases/ScotCS/1671/Brn020519-0876.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Anent Warrandice in an assignation
Date: 13 February 1671
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Of old absolute warrandice in an assignation to debts did import that the debtor was sufficient and responsal; and in case it could not be got of the debtor, then the assigner was liable in warrandice to make it good; but now of late the Lords have found, in several cases, it signifies no more but that no other body has a better right to that sum than I have, and consequently you, who are my assignee; and that it is a true debt.
Vide infra, No. 246, Nov. 10th, 1671. Barclay against Liddell.
