Scottish Court of Session Decisions

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.

John Gordon
v.
Robert Moffat

Date: 26 February 1628

Click here to view a pdf copy of this documet : PDF Copy

John Maxwell being addebted to John Gordon in 100 pounds, John Gordon raised letters of arrestment, and arrested, in Archibald Anderson's hand, forty bolls of oats belonging to John Maxwell, and called to make the same forthcoming in satisfaction of his debt. Compeared Robert Moffat, donator to John Maxwell's escheat, and alleged that the said victual could not be made forthcoming to the pursuer; because John Maxwell, to whom the same pertained, being rebel, the gift of his escheat belonged to him, whereupon he obtained general declarator long before the pursuer's arrestment. Replied, Not relevant, except he had obtained special declarator. Duplied, His right being declared by decreet of the Lords, the rebel's goods cannot be taken from him by any subsequent arrestment after his declarator. The Lords preferred the donator.

Page 101.