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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Frank v Cunningham. [1685] 2 Brn 71 (00 February 1685) URL: http://www.bailii.org/scot/cases/ScotCS/1685/Brn020071-0187.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
Frank
v.
Cunningham
1685 .February .Click here to view a pdf copy of this documet : PDF Copy
In a competition for mails and duties betwixt one Cunningham an appriser, and Mr John Frank, as having right from Mr Moubray and his wife to another apprising, whereof she was fiar;—it was alleged for Cunningham, That Mr Frank's right was posterior to a written declaration granted by Mr Moubray, whereby he acknowledged his intromission with more of the mails and duties of the lands apprised than came to his share; and that he was willing that Cunningham, the other appriser, should intromit with the whole mails, till he received as much as Moubray had uplifted more as his share; which written declaration imports materially an assignation, though the paper be not formal; and Moubray's jus mariti was conveyable by assignation. Answered for Frank, That the right to Cunningham was but a factory, and could not be obtruded against a singular successor in the right of apprising. The Lords sustained the paper as an assignation.
Page 22, No. 114.
The electronic version of the text was provided by the Scottish Council of Law Reporting
