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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Patrick Murray v A. B. [1629] 1 Brn 296 (31 July 1629)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: Patrick Murray
v.
A B.
31 July 1629 Click here to view a pdf copy of this documet : PDF Copy
Mr James Stewart, commissary of Dunkell's escheat and liferent is taken by Mr Patrick Murray, who pursues a general declarator; compears A. B. who was donatar to the said James's escheat and liferent long before, viz. in anno 1615; and, being admitted for his interest, alleged, That the horning, whereupon the last gift is taken by Mr Patrick Murray, and offers to improve the executions of them; in respect whereof no declarator can be granted. To the which it was answered, That the said first donatar cannot have an interest to stay a general declarator of the commissary's escheat upon this horning, which was executed in anno 1625, long after the first donatar's gift, and this was only proponed for the single escheat, and not for the liferent. To the which it was duplied, That the first donatar had good interest to quarrel any right that might
prejudge him of his first gift. The Lords found he had no interest, hoc loco, to stay the general declarator. The half of the Lords were of another opinion, and the President's vote decided the interlocutor.
Page 65.
The electronic version of the text was provided by the Scottish Council of Law Reporting