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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Donator of the Laird of Dunrod's Escheat v Wallace. [1628] 1 Brn 156 (20 March 1628)
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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: The Donator of the Laird of Dunrod's Escheat
v.
Wallace
20 March 1628 Click here to view a pdf copy of this documet : PDF Copy
In a general declarator of the Laird of Dunrod's escheat and liferent; compeared one Wallace, and alleged, No process at the pursuer's instance till he were paid of the debt owing by the rebel to him, because the horning upon which the gift flowed was at his instance. It was found that this allegeance could not stop the general declarator; but the donator being once constituted debtor by the general declarator, then the creditor would have good action against him.
Page 149.
The electronic version of the text was provided by the Scottish Council of Law Reporting