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Granger pursues his brother Granger, as heir to his father, at the least as having behaved himself as heir to his father, by intromission with his heirship goods, to possess him in his tack, and to warrand him. It was excepted, That their defunct father dying at the horn, his escheat was taken, and declarator obtained thereupon, and this defender obtained right from the donatar. It was replied, That, before the gift of escheat an declarator, this defender being apparent heir, had intromitted with the heirship. It was answered, That the goods being the donatar's gear by the rebellion, albeit he had intromitted, yet he was debtor to the donatar, and so could not pertain to him as heir. Therefore, repelled the exception, in respect of the reply.
