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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
- v. -
Date: 24 January 1663
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A sum of money being resting by A to B, B assigns to C; and the creditor B being owing a like sum to D, the same is assigned by D to A. C the assignee, charging A to pay the sum assigned to him by B, A propones an exception of compensation of the like sum owing by B, his cedent, to D, and assigned by D to him, before the assignation made by B to the charger; which, being so prior to the pursuer's right, must compense the assignee as well as the cedent.
Answered,—Non relevat to say the assignation was prior, unless he also say the same was intimated to my cedent before my assignation. This the Lords found relevant, and repelled the exception of compensation foresaid. This interlocutor was stopped by a bill, on very good reason.
