[1605] Mor 11591
Subject_1 PRESUMPTION.
Subject_2 DIVISION IX. Rights when presumed simulate.
Subject_3 SECT. II. Gift of Escheat, when presumed simulate.
Date: Gavin Home
v.
Alschie Home
27 June 1605
Case No.No 252.
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In the declarator of the escheat of David Home of Blackadder, betwixt Gavin Home and Alschie Home; it being objected, That Alschie's gift was null, as simulate, purchased to the behoof of the rebel by the donatar, a conjunct person, viz. his goodsir, dwelling in household with the rebel, who was yet unrelaxed, the Lords repelled the allegeance, unless the said Gavin would offer him to prove the simulation, and taking of the gift to the rebel's behoof with his own gear and upon his expenses, either by writ or oath of party; and found not the conjunction and remaining in house sufficient, without the foresaid probation.
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