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Scottish Court of Session Decisions

You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Laird of Frendraught v Crightoun of Creichy. [1628] 1 Brn 269 (25 November 1628)
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[1628] 1 Brn 269

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

The Laird of Frendraught
v.
Crightoun of Creichy

Date: 25 November 1628
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The Laird of Frendraught having the gift of his goodsir's escheat of all goods pertaining to him the time of his rebellion, and which shall thereafter accresce to him during his rebellion; pursues a general declarator against Crightoun of Creichy. It is excepted by the defender, That all parties having interest are not called, viz. the king's treasurer and advocate; because nothing fell under the escheat but what was pertaining to the rebel the time of his denunciation, and a year thereafter; so what accresced thereafter to the rebel was at the king's disposal, by a new gift. It was answered, Ought to be repelled, in respect of the gift bearing as said is. The Lords repelled the exception.
Page 64.

The electronic version of the text was provided by the Scottish Council of Law Reporting