Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: Mackie Graham, George Irving's Relict,
v.
John Maxwell
28 February 1629 Click here to view a pdf copy of this documet : PDF Copy
John Maxwell, being made factor by the treasurer, to uplift the escheats of the persons who were convicted, executed, or fugitive for criminal causes, by the commissioners of the borders, intromits, by virtue of his factory, with certain goods and gear belonging to George Irving, executed for slaughter. The defunct's spouse, Mackie Graham, obtains the gift of her husband's escheat, and pursues a special declarator of goods and gear intromitted with by the said factor. It was alleged by him, That he intromitted by virtue of a warrant, and ought only to be countable to the treasurer. The Lords ordained the factor to be countable to the donatar, seeing she was become in the treasurer's place.
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