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Scottish Court of Session Decisions >>
Smith v Henderson. [1629] Mor 6303 (21 February 1629)
URL: http://www.bailii.org/scot/cases/ScotCS/1629/Mor1506303-007.html Cite as:
[1629] Mor 6303
The principal conveyed, accessories follow. Conveyance of a subject to which the disponer has no right.
Smith v. Henderson
Date: 21 February 1629 Case No. No 7.
Found in conformity with Blair against Gray, No 2. p. 6301.
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In a reduction ex capite inhibitionis pursued by Thomas Smith against Gavin Henderson, the pursuer's title being assignation to a bond of 151 lib. whereupon the cedent had served inhibition; it was alleged, that his assignation gave him no interest, in respect he was assigned to the bond foresaid, hail heads and tenor thereof, with all that the cedent had or might have thereto; and that the inhibition tanquam accessorium debebat sequi suum principals. The Lords found that one being assigned to a bond was eo ipso assigned to all execution used by the cedent for recovery of the same, albeit there were no special mention thereof made in the assignation.
Fol. Dic. v. 1. p. 422. Spottiswood, (Inhibition,) p. 177.
