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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> James Halyburton v Lord Roxburgh. [1663] Mor 16090 (25 June 1663)
URL: http://www.bailii.org/scot/cases/ScotCS/1663/Mor3716090-026.html

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[1663] Mor 16090      
Subject_1 TITLE TO PURSUE.

James Halyburton
 v.
Lord Roxburgh

 Date: 25 June 1663
Case No. No. 26.

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James Halyburton, as assignee constituted by his father, pursues the Earl of Roxburgh, for payment of a debt due to his father. The defender alleged no process, because the assignation was not intimated in the cedent's life, and so he was not denuded, but the sum remained in bonis defunctis, and behoved to be confirmed, especially, seeing this assignation is a general assignation, omnium bonorum, without condescending upon this or any other particular.

The Lords repelled the defence and found process.

 Stair, v. 1. p. 195.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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URL: http://www.bailii.org/scot/cases/ScotCS/1663/Mor3716090-026.html