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Stalker having denounced his debtor called Shaw, to the horn, whose escheat was taken by George Murray, Stalker pursued George Murray to make payment of his debt contained in the said horning, whereupon he had taken the said gift of escheat, conform to the act of Parliament 1592, Cap. 145.—It was excepted by the donatar, That the summons was not relevant, because he had neither intromitted with the rebel's goods, nor obtained declarator of the escheat; and so, unless the pursuer would either allege, that he had intromitted or obtained declarator, he should have no process, in respect of the 145th act of the said 12th Parliament, seeing a donatar could he in no worse case than the treasurer; and the treasurer would never be holden to pay the rebel's debt, except he intromitted with the goods, and therefore the donatar behoved to have the like benefit.—Notwithstanding whereof, the Lords repelled the allegeance, and found process, unless the donatar would either pay the debt contained in the horning whereupon he took his gift, or else would renounce the said gift.
