A donatar intromitting with goods in possession of the rebel's relict, before it was proved that they belonged to the defunct, was found liable in spuilzie.
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Marion Muirhead, relicta quondam Richardi Ramsay pursued Robert Lawson for spoliation of certain, goods, corns, cattle, and insight. The defender alleged, that her umquhile husband was denounced rebel, and he donatar to his escheat of all goods; and the gear alleged by the pursuer to be spuilzied, was the said Richard's gear at the time of his decease, and therefore the defender did no wrong in intromitting with the gear libelled, but might have lawfully done the same by reason of his gift of escheat foresaid. The pursuer alleged, that after the decease of her husband, the defender should not have intromitted therewith at his own hand, until it had been proven before the Judges that the gear had appertained to the said Richard at the time of his decease, and a declarator past thereupon; which allegeance of the pursuer the Lords found relevant, and referred the libel to her probation, and repelled the allegeance of the defender.
