Scottish Court of Session Decisions

Subject_1 ASSIGNATION.
Subject_2 Whether Assignation not intimated denudes.

James M'Ilwraith
v.
Rigg and Lessils

Date: 29 January 1687
Case No. No 28.

An assignation intimated at market cross, the cedent dying, must be transferred.

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He craved the process may go on in his name as assignee by James Dale, now dead, in whose name it was raised; in regard the assignation was intimated at the market cross before his decease. Alleged, He must transfer the process, unless it had been intimated personally, or judicially produced.——The Lords, on Redford's report, found it behoved to be transferred. But, on a bill they allowed him a commission to examine witnesses, being old, on his reason of reduction ex capite lecti; and the defenders also, on their bill, were allowed to prove liege poustie; and that the granter came to kirk and market after his subscribing the disposition craved to be reduced.

Fol. Dic v. 1. p. 62. Fountainhall, v. 1. p. 444.