A party who had the survivancy of a tack, being forfeited, and his escheat gifted during the life of the tacksman, it was found, that, upon the tacksman's death, the donatar of the forfeited person did succeed to the rack in his right.
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Anent the action moved be Matthew Hatton contra Episcopum Murray Commendatarium de Scona, the said Matthew was donatour to the Queen, of the escheat of ane called Thomas Stewart, wha was forfault for certain points of treason. There was ane letter of tack set be Abbot and Convent of Scone, of certain lands till ane callit Thomas Shank, and to the said Thomas Stewart and his wife, the langest liver of them two. The said Thomas Shank lived three years after the forfaulture of the said Thomas Stewart, and bruikit the said lands. The said Matthew, donatar foresaid, called the Bishop and Commendator foresaid before the Lords to hear him be decernit be their decreet to receive him tenant to the said land in place of the said Thomas Stewart. It was excepted be the said Bishop, that he sould not receive him tenant because the said Thomas Shank, wha was first in the tack, lived three years after the forfalture of the said Thomas Stewart, and he aught to have no right to the said lands nor entres after the decease of the said Thomas Shank, before whose decease the said Stewart was banished, and sua he was deid cevillie or he came to the right of the land, and sua it vaiket in the said Commendator's hands, sua that he might dispone thairupon at his pleasure, and was not obliged to receive any other tenant be the Queen's right. It was ansrit be the said Matthew, that the said Thomas Stewart had as good right at the first time the tack was set as he could have after the death of the said Shank, because he was as well in tack, and the same set to him, as to the said Shank, nor the said Shank might noways dispone the same frae him, howbeit the use of the said lands was suspendit fra the said Stewart for the lifetime of the said Shank, notwithstanding he had another a like right. The whilk answer and reply the Lords fand relevant, and in respect thairof repellit the said Bishop's exception, and ordained him to receive the said Matthew, donatar foresaid, in the said Stewart's place.
