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Hunter and Henderson v Brown and John Rodger. [1681] 3 Brn 387 (13 January 1681)
URL: http://www.bailii.org/scot/cases/ScotCS/1681/Brn030387-0533.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Hunter and Henderson v. Brown and John Rodger
Date: 13 January 1681
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The cause, Hunter and Henderson against Brown and John Rodger, being reported, the Lords sustained the prorogation of the tack, and refused to restrict it to the sum in the first tack. But find the said prorogation is only to Marion Brown herself, without mentioning either her heirs or assignees; and that therefore her voluntary assignees can have no right thereto, but prejudice to the heirs of the said Marion Brown, to serve themselves in the right of the said tack, though they be not mentioned therein.
See the contrary decided in Dury, ult. February 1637, Home. See Culross's Practiques, in June 1579, Little; and 11th November 1609, L. of Drum.
