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Scottish Court of Session Decisions >>
Ker v Tenants of Nisbet. [1623] Mor 10367 (21 February 1623)
URL: http://www.bailii.org/scot/cases/ScotCS/1623/Mor2510367-046.html Cite as:
[1623] Mor 10367
Subject_1 PERSONAL and TRANSMISSIBLE. Subject_2 SECT. III.
What Rights go to Assignees.
Ker v. Tenants of Nisbet
Date: 21 February 1623 Case No. No 46.
An assignation to a warning was not found a sufficient title in a removing.
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Ane constitute assignee by Sir John Ker to a warning used in his name against the Tenants of Nisbet, pursued removing. The Tenants alleged, That an assignation to a warning was not a title to furnish an action, specially the cedent being denuded of the lands, which were comprised by Alexander Stewart. Alexander Stewart offered to concur with the pursuer, which the Lords would not admit, because they thought, that albeit the comprising denuded Sir John Ker, yet it gave not right to the compriser to the warning.
