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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Courtie v Cunninghame. [1627] Mor 12049 (16 January 1627)
URL: http://www.bailii.org/scot/cases/ScotCS/1627/Mor2812049-129.html
Cite as: [1627] Mor 12049

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[1627] Mor 12049      
Subject_1 PROCESS.
Subject_2 SECT. VI.

Defences.

Courtie
 v.
Cunninghame

Date: 16 January 1627
Case No. No 129.

Click here to view a pdf copy of this documet : PDF Copy

Janet Courtie, assignee made by umquhile Agnes Grier to a bond of 100 merks, made to her by James Cunninghame, pursues the said James for payment The defender alleged, That the assignation is made by the cedent on her death-bed, the bond being heritable. This allegeance was repelled, in this place; but prejudice to reduce upon that ground prout de jure; for the Lords found, that they would not, in this process, by way of exception, so summarily annul the assignation.

 Clerk, Hay. Durie, p. 256.

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/1627/Mor2812049-129.html