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Scottish Court of Session Decisions >>
Sherriff Forrest v Francis Stewart. [1622] Mor 858 (30 November 1622)
URL: http://www.bailii.org/scot/cases/ScotCS/1622/Mor0200858-057.html Cite as:
[1622] Mor 858
Subject_1 ASSIGNATION. Subject_2 Intimation by what equivalents suppliable.
Sherriff Forrest v. Francis Stewart
Date: 30 November 1622 Case No. No 57.
Found as above.
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The Lords found, that no intimation, except ane legal and formal intimation by the assignee to the subtacksmen, who were obliged in payment of a duty sub clausula irritanti, could prejudge the tacksmen of an offer made to the cedent, or band him to offer to the assignee; ad hunc effectum to make the offer null, and to make the clause irritant to be committed. Memorandum, to make intimation in this clause we offered to prove inhibition, possession, and sentence, against Sir John (Murray) in other teinds of the same parochin, which fell within the compass of the assignation, and yet repelled.
