Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION reported by SIR ROBERT SPOTISWOODE OF PENTLAND.
Subject_2 Such of the following Decision as are of a Date prior to about the year 1620, must have been taken by Spotiswoode from some of the more early Reporters. The Cases which immediately follow have no Date affixed to them by Spotiswoode.

James Mackgill
v.
Robert Keith and Wm Napier.

Date: 20 June 1632

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Mr James Mackgill having arrested in Robert Keith's hands £1000, addebted by him to Mr Alexander King, sought to have the same made forthcoming. Compeared Mr William Napier, and alleged, He had an assignation of that same sum from Mr Alexander, which was intimated long before the pursuer's arrestment. Replied, The said sum was not assignable, because it was affected with a condition, viz. that the debtor should not be obliged to pay it before Mr Alexander had purged all inhibitions served against him, which might affect a tenement of land, bought from him by Robert Keith, whereof the said £1000 was a part of the price: Likeas the pursuer offered to prove that his inhibition was the only inhibition then resting unpurged, which the said Robert knew and meant when he gave that bond. Duplied, The institution did not alter the nature of the bond, which, being moveable, might be assigned; and let the pursuer reduce the disposition upon his inhibition. The Lords found the exception relevant, and preferred the assignee to the arrester, without prejudice of his action upon his inhibition.

Page 178.