Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.

Robert Hallyburton
v.
The Lady Bothwell and Francis Stewart, her Son

Date: 1 July 1628

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Robert Hallyburton, assignee, constituted by Sir George Home of Manderstoun, to the escheat and liferent of the Laird of Coldingknows, in so far as might concern the sum of 6000 merks, addebted by an heritable bond made by the Lady Bothwell and Francis Stewart, her son, to the Laird of Coldingknows; pursues, for a special declarator, of the sum contained in the bond, and annualrent thereof. It is excepted, That the principal sum, being heritable, fell not under the gift of liferent or escheat, and the annualrents must be gifted yearly, and are not like the duties of the lands holden of the king, or any other superior. To the which it was answered, That albeit the annualrents are not expressed in the bond to be holden of the king, that seeing no other superior to them is expressed, it must be presumed that they hold of the king, and the gift bears all annualrents pertaining to the rebel. The Lords found the principal sum neither to fall under the gift of escheat or liferent, in respect that the bond is heritable, and found the byruns preceding the gift of escheat to fall under the gift of single escheat, and the byruns thereafter to pertain to the donatar of the liferent; and, in case the principal sum be paid by the debtor, the gift of the liferent from that time to cease.

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