General declarator is the intimation of the donatar's right; therefore, in a competition betwixt a gift of single escheat and an assignation granted before rebellion, the right first intimated will be preferred.
Click here to view a pdf copy of this documet : PDF Copy
Anent the action perseued be Francis Stewart, donatar to the Earl of Morton's escheat, against William Burn, for certain farms, for being of the said Lord at the horn, and therefore the said farms came under escheat;—in the whilk action compearit the said William Burn and alleged, That long before the committing of the crime wherefore the said Earl was put to the horn, he had coft all and haill the said farms, at the least 24 chalders thairof perseued he the said Francis, fra the said Earl, and had given him the maist part of the price thereof, and had obtained the said Earl's precept, direct to the tenants and fermours, payers of the said ferms, to answer the said William thairof; whilk precept the said William lawfully intimate to the said tenants, who promittit to pay the said William the said fermes; and all this was done before the committing of the said crime, except the intimation to the said tenants, and their promise to pay, which was done before the execution of the said horning upon the said Earl, as said is; whilk allegeance of the said William Burn was found relevant be the Lords, and admittit to his probation, notwithstanding the allegeance of the donatar, de quo supra.
