ASSIGNATION, (assignatio, from assignare), in the law of Scotland, signifies a written deed of conveyance, whereby the property of any subject not strictly feudal is transferred from one person to another. Even herit able rights, when they are either not perfected by seisin, or when they require no seisin, are proper subjects of assignation. _ Assignations are either of debts, as bonds ; which arc perfected by intimation : or of moveables, which some times, though improperly, get the name of dispositions, and are completed by an instrument of possession. The granter of the assignation is called the cedent. The re ceiver, or assignee, is sometimes called in our law style, as he was by the Roman, the cessionary. An assigna tion made over to a third party, is called a translation ; and, when conveyed back by that third party to the ce dent, a retrocession.
Assignations are considered as conveyances, by which the property of the subject assigned is fully vested in the assignee ; and, in general, he who is in the right of any subject, though it should not bear to assignees, may at pleasure convey it to another, excepting in cases where he is barred, either by the nature of the subject, or by immemorial usage. Such exceptions are : 1. Life rent rights, of which nothing can be assigned but the profits during the life of the granter. 2. Alimentary rights. 3. Rights which imply a drlectus persona. in the granter, which cannot be transferred without special powers given for that purpose ; as the right of an office, of a lease, &c. 4. Paraphernal goods, which are not presumed to be conveyed even in a general assignation by a wife to her husband, unless specially mentioned. (Dec. 1733. Paton.) In order to complete the conveyance, it* necessary, not only that the assignation should be delivered over to the assignee, but that it be intimated or notified to the debtor ; for the purpose of acquainting him, that he must make payment, not to the original creditor, but to his assignee. And hence, though an assignation not in timated be valid against the granter, who is not permit ted to question his own deed ; yet if, before intimation of a first assignment, the cedent shall grant a second to a different assignee, the second, if intimated before the first, will be preferred to it. On this ground, also, an
cannot plead compensation upon the debt as signed, if the concourse ceased before the assignment was completed by intimation. (Nov. 1733, Barham.) In like manner, if an assignation be not intimated by the assignee, during the life of the cedent, any creditor of the cedent, who, upon his death, shall confirm the debt assigned, before intimation, shall be preferred to the assignee. (lames, 87.) It is not, however, always precisely required, that there should be a formal intimation, attested by a nota ry : all that the law requires is, either the intervention of sonic public officer, as a notary, to intimate the assig nation to the debtor, or some other notice, which im ports intimation as strongly as a notarial instrument. For example, 1. An action brought by the assignee, or a charge on letters of horning, or a citation upon any diligence used by him against the debtor ; or, 2. A promise of payment made by the debtor to the assignee, upon being shown the conveyance ; whether the promise be made by a missive or other proper writing : nay, even a verbal promise, prodieed it proceeded upon a com muning. (Jan. 22, 1630, Macgill ; July 22, 1708, Earl of Selkirk ; DaIr. 179.) The payment of interest, made by the debtor to the assignee, is equivalent to intimation ; for it shews the assignee to be in the actual possession of the debt. But the debtor's private knowledge of the assignation is not held equal to intimation. This, however, applies only to the case of a competition among creditors ; for when the question is solely between the assignee and the debt or, the debtor's private knowledge of the conveyance puts him in nada fide to make payment to the cedent. (Fount. Feb. 16, 1703, Leith.