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Scottish Court of Session Decisions >>
Bruces v Earl of Morton. [1665] Mor 7779 (16 June 1665)
URL: http://www.bailii.org/scot/cases/ScotCS/1665/Mor1907779-003.html Cite as:
[1665] Mor 7779
Pursuer must qualify a Legal Interest, otherwise no Process.
Bruces v. Earl of Morton
Date: 16 June 1665 Case No. No 3.
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Bruces pursue the Earl of Morton for payment of bond, who alleged that the bond was assigned by the defunct, and the assignation intimated, and a decreet obtained against him thereupon. The pursuers answered, That this was jus tertii to the defender, who could not dispute the assignee's right. The defender answered, That it was exclusio juris agentis.
The Lords repelled the defence, as being super jure tertii, and decerned; but ordained suspension to pass, without caution or consignation, that the assignee may be called, and dispute his right.
