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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Aitchison's Assignees v James Drummond. [1737] 2 Elchies 55 (15 July 1737) URL: http://www.bailii.org/scot/cases/ScotCS/1737/Elchies020055-003.html |
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Subject_1 ASSIGNATION.
Date: Aitchison's Assignees
v.
James Drummond
15 July 1737
Case No.No. 3.
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Though a cedent's oath is competent against a gratuitous assignee, yet the Lords thought it not competent against an onerous purchaser from that assignee, albeit the said assignee's right bore love and favour. But the point not decided, because the oath was allowed upon another ground, that the subject was litigious before the onerous purchase.
The electronic version of the text was provided by the Scottish Council of Law Reporting