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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Selkrig v. Macfarlane
Date: 18 July 1679
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Selkrig against George Macfarlane's son. There is a bond bearing registratration: it is assigned, the assignation is intimated, thereafter the cedent dies; after his death the assignee registrates the writ; the registration is quarrelled as null, the clause of registration being of the nature of a mandate, and mortuo mandatore expirat mandatum; and that the cedent's name, who is dead, and not the assignee's, was in the bond, and so it could not be registrate at the dead man's instance.
Replied,—The assignation being intimated before the cedent's death, puts the assignee fully in the cedent's place.
This being reported to the Lords, they found, that it might be summarily registrate at the assignee's instance.. Some formalists looked upon this as too great a dispensation and relaxation of form; but there is no material iniquity in it. See the Books of Sederunt, 9th July 1661.
