The liferent escheat of an apparent heir, whose predecessor died infeft in the lands, falls to the superior of the lands. See No 33. p. 3638.
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Claud Hamilton and Matthew Hamilton, brother to Cochno, pursued for declarator of Alexander Bruce's liferent, of lands holden by him of Cochno, whereof Cochno had made the pursuer donatar. The Lords found, that not only the liferent of lands wherein the vassal was infeft, but also wherein he had right to have been infeft, and to have entered himself to by decease of his predecessor, to whom he might have been heir, pertained to his superior after the said apparent vassal's remaining year and day at the horn.
