Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.

Falconer
v.
Beatoune

1627. December 11 and 12.

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An assignation made by a Scots merchant, who had dwelt long in Germany, is quarrelled by the debtors, who were pursued for the sum. They alleged the assignation was null, as wanting witnesses;—to the which it was alleged, the assignation was made in Dutch, after the form used in Germany, where the cedent dwelt. The Lords sustained the assignation; the pursuer either proving the custom of the country, or finding caution to warrant the debtor at all hands. 11 th December 1627.—

In the same case, it was alleged for Beatoune, that the debt contained in his father's bond, which was heritable, and for which he was pursued as heir to his father, by the said Falconer, heir to the said assignee, could not appertain to the assignee's heir, but to her executor; because, although the bond be heritable, yet the assignation made it moveable, and, consequently, to appertain to the executors. The Lords repell the allegeance, and find, that the assignation does not alter the nature of the bond.—12th December 1627, ut supra; and 18th March 1629, Cant against Edgar.

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