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Steilbow goods in the tenants of a rebel's hands, being pursued for at the donatar's instance, in a special declarator, are decerned to pertain to the donatar of escheat; but the uplifting of them supersedes till the expiring of the tenant's tacks.
Fol. Dic. v. 2. p. 393. Auchinleck MS. p. 64.*** Durie reports this case:
In a declarator of one Lawson, it was found, that a donatar to a rebel's escheat may, by special declarator, after the rebel's decease, seek the goods which were given in steilbow by the rebel to a tenant of his lands, and conditioned by the tenant to be rendered again at the ish and end of his said tack, to be declared to pertain to the said donatar; which pursuit was sustained, albeit it was intented divers years before the ish of the tack, before which ish the tenant could not be pursued for delivery of the said goods; seeing this action was only declaratoria juris; and also found, that the said goods come under the compass of the rebel's escheat, and did thereby pertain to the donatar thereof, and pertained not to the heirs and executors of the rebel, albeit he was deceased before the ish of the tack.
