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Scottish Court of Session Decisions >>
Lo. Yester v L. Innerwick. [1635] Mor 10321 (21 March 1635)
URL: http://www.bailii.org/scot/cases/ScotCS/1635/Mor2510321-006.html Cite as:
[1635] Mor 10321
Subject_1 PERSONAL and TRANSMISSIBLE. Subject_2 SECT. I.
What Rights go to Heirs.
Lo Yester v. L Innerwick.
Date: 21 March 1635 Case No. No 6.
Summary diligence, to which the debtor has consented by a clause of registration, is a privilege of the bond, and goes along with it to assignees voluntary or, legal; for instance, to a compriser.
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The Lo. Yester having comprised from his debtor an heritable bond, bearing obligement to infeft in lands, which bond being judicially assigned to him by the comprising, whereupon he having charged the debtor of the sum in that bond, to pay the sum to him, as compriser; and the debtor suspending, alleging, That a compriser cannot so summarily charge by letters of horning, but ought to pursue by way of action the debtor, to hear him to be decerned to pay the sum; the Lords repelled this reason, and sustained the charges; and found, that the bond being comprised at the instance of the charger, and the same being thereby judicially assigned to him, the right of the bond was as validly assigned to the compriser, as if the creditor had assigned the same to him, quõ casu upon that assignation he might have raised summary charges of horning, the cedent and all the parties being yet living, even so the compriser might do the same. See No 4. p. 208. voce Adjudication.
Act. Stuart.Alt. —.Clerk, Hay.
Fol. Dic. v. 2. p. 73. Durie, p. 763.
