Debt contracted after Denunciation. - Alienation after Denunciation.
L of Caprington v. Cunningham, &c
Date: 18 December 1629 Case No. No 39.
A right of tiends made by a rebel at the horn, although no declarator had yet followed, was sustained to defend a party in a spuilzie, although the right was purchased from the rebel for a great sum, and he had possesed for 10 years, especially because the action was for spuilzie of teinds, of years after declarator.
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In a spuilzie pursued by Caprington, as donatar to the escheat and liferent of the Lo. Ochiltree, who had right to the teinds of, whose liferent being gifted and declared, he, by virtue thereof, pursues a spuilzie, wherein the defender clothing him with the right of the same teinds from the Lo. Ochiltree, and continual possession these nine or ten years bypast, he alleged, The same being purchased for great sums of money, ought to defend him, albeit his right was made after the maker was rebel, which, notwithstanding, ought to be maintained, being purchased before the declarator, and so bona fide acquired, the rebellion never being intimated, nor made known to the excipient; the allegeance was repelled; and the right made to the party by the rebel, being at the horn at that time, albeit not then declared, was not sustained to defend him, specially seeing also the action was for spuilzie of years after declarator, obtained upon the rebel's escheat and liferent.
Act. Advocatus & Cunningham.Alt. Nicolson & Millar.Clerk, Scot.
Fol. Dic. v. 1. p. 555. Durie, p. 476.
