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Scottish Court of Session Decisions >>
Reid of Aikenhead v Blackwood. [1621] Mor 16573 (9 March 1621)
URL: http://www.bailii.org/scot/cases/ScotCS/1621/Mor3816573-016.html
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David Reid of Aikenhead, assignee be Normand Blackwood of Sterline, to a bond of £680, made by my Lord Colvil to Normand, and to whom George Reid in Preston, assignee constituted by David, has made retrocession thereof, pursues Normand his cedent for warrandice of the assignation and payment of the sums assigned, seeing the retrocedent, Reid, having charged my Lord, and then suspended on reason referred to no man's acts, he was holden as confessed, and the letters suspended simpliciter, so that through his deed the assignation is not effectual. Alleged, Offers to prove the decreet of suspension given by collusion betwixt my Lord and the pursuer, only to infer warrandice, in so far as my Lord has made satisfaction and payment of the sums to the complainer, or to George his assignee; and sustained the decreet to pass only to infer warrandice, which is against equity, and so is no lawful distress. Admits the allegeance.
