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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Lord Annandale v Sir Richard Murray. [1627] 1 Brn 145 (26 June 1627)
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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.
Date: Lord Annandale
v.
Sir Richard Murray
26 June 1627 Click here to view a pdf copy of this documet : PDF Copy
The Lord Annandale sought a general declarator of the escheat of umquhile James Murray of Cockpool. Excepted by Sir Richard Murray, Sir James's brother, That no declarator ought to be granted for the escheat goods, because, by decreet-arbitral, pronounced by the pursuer himself, betwixt the defender and the relict of Sir James, the whole moveable goods pertaining to the defunct were adjudged to the defender. Answered, It ought to be repelled, in respect the pursuer hath acquired the gift of his escheat since that decreet, which could not prejudge the King of his right, nor the pursuer now his donator. Replied, The pursuer was in pessima fide to take any gift in prejudice of the defender, and his own decreet given in his favours. The Lords, notwithstanding, repelled the allegeance.
Page 14.
The electronic version of the text was provided by the Scottish Council of Law Reporting