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[0000] 1 Brn 111
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION reported by SIR ROBERT SPOTISWOODE OF PENTLAND.
Subject_2 Such of the following Decision as are of a Date prior to about the year 1620, must have been taken by Spotiswoode from some of the more early Reporters. The Cases which immediately follow have no Date affixed to them by Spotiswoode.
Robert Haliburton
v.
Lady Bothwell
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Robert Haliburton, donator to the Laird of Coldingknows's escheat and liferent, pursued the old Lady Bothwell for a bond of 600 merks, (both principal and annual-rent since the first date,) granted by her to Coldingknows 1604;—it was found that the bond, being conceived after the form of heritable bonds, could not fall under simple escheat. Next, that the annual-rents, by virtue of the simple escheat, is only due to the date of the declarator, and not after. 3tio, That the king's donator of a liferent-escheat has right to the annual-rents of an heritable bond whereupon no infeftment has followed, and which bears no condition of infeftment or annual-rent to be holden of any other superior.
Page 99.
The electronic version of the text was provided by the Scottish Council of Law Reporting