Scottish Court of Session Decisions

Subject_1 PAYMENT.

Mr James Ramsay
v.
Earl of Winton

Date: 24 January 1662
Case No. No 2.

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Mr James Ramsay, as having right by translation from George Seaton, assignee constitute by my Lady Semple, to a bond due by the umquhile Earl of Winton, pursues this Earl for payment, who alleged, No process, because the time of the assignation taken by Sir George Seaton, he was one of the defender's tutors, and so it is presumed that the assignation was purchased by the pupil's means; and as the tutor could have no process thereupon against the pupil, till he had made his tutor's accounts, so neither can his assignee; seeing in personalibus all exceptions competent against the cedent are competent against the assignee.

The Lords found the defence relevant, unless the pursuer would find caution to pay what should be found due by Sir George, by the tutor's accounts, as they had done before betwixt Grant and Grant, January 15. 1662, voce Presumption.

Fol. Dic. v. 2. p. 50. Stair, v. 1. p. 87.