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Macleod v Sinclair. [1739] Mor 2248 (5 December 1739)
URL: http://www.bailii.org/scot/cases/ScotCS/1739/Mor0602248-131.html Cite as:
[1739] Mor 2248
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In a ranking, one of the adjudications being objected to, for that an assignation, which was one of the grounds thereof, was not produced, the adjudger pursued a proving of the tenor thereof; in which the Lords ‘found no process in respect the representative of the alleged cedent was not called, and refused to grant diligence for calling him, in respect that, in proving the tenor of an assignation, he was to be considered as the principal defender.’
Fol. Dic. v. 3. p. 123. Kilkerran, (Process) No 1. p. 433.