BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
James Johnston of Corehead v James Johnston of Neis. [1636] Mor 8366 (30 July 1636)
URL: http://www.bailii.org/scot/cases/ScotCS/1636/Mor2008366-052.html Cite as:
[1636] Mor 8366
Whether litigiosity bars payment, and other acts of ordinary management.
James Johnston of Corehead v. James Johnston of Neis
Date: 30 July 1636 Case No. No 52.
Click here to view a pdf copy of this documet : PDF Copy
A debt being owing to the rebel, and assigned by him to one of his creditors stante rebellione; if the assignee hath not got possession of what is assigned to him, before the gift of his cedent's escheat, the donatar will exclude him from it, although it be for never so onerous a cause.
Fol. Dic. v. 1. p. 556. Spottiswood, (Escheat and Liferent.) p. 107.
