The first gift with the first intented action was preferred to the second gift, though clothed with possession.
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Thomas Graham, son of the second wife of umquhil Laird of Knockdolzean, as donatar to the gift of his father's liferent, fallen be escheat, persewed for declarator upon the same gift, and the guids and gear that pertained to his father to appertain to him he reason of the gift of his escheat. Compeared Mungo Graham, and being admitted for his interest, alleged, That he had the gift of the said Laird's escheat, and albeit his gift was posterior to the other, yet he became first in possession. It was answered, That the other party was prior tempore, and had first intented action, et qui prior agat prior appellat; and as to the possession, it appeared to be simulate betwixt the said Mango and young Knockdolzean, he being his sister's son. The Lords found the first gift with the first intentit action to have place.
