BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £5, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Alexander Macklonaquhen v Giles Carsan. [1632] Mor 830 (4 February 1632)
URL: http://www.bailii.org/scot/cases/ScotCS/1632/Mor0200830-016.html Cite as:
[1632] Mor 830
Subject_1 ASSIGNATION. Subject_2 Nature and Effect of an Assignation.
Alexander Macklonaquhen v. Giles Carsan
Date: 4 February 1632 Case No. No 16.
The extent of warrandice of an assignation.
Click here to view a pdf copy of this documet : PDF Copy
Queritur. How far one is obliged to warrant the assignation of a bond, &c. made by himself to another; whether that it is truly owing by the debtor simply, or that it is both owing, and that the debtor is responsal. This was drawn in question betwixt these parties, but they agreed between themselves. The law is clear, 1. 4. et 5. ff. de Hered. et Act. Vend. Quod nomine debitoris venditio, venditor præstare non debet idoneum, et locupletem esse debitorem, nifi ita actum fit nominatum, fed esse debitorem tantum, et nulla tutum exceptione peremptoria et perpetua; nam emptori nominis de periculo in substantia non in qualitate venditor tenetur.
