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In a declarator of escheat pursued by the Earl of Galloway against N. Gordon, there were two charges and denunciations produced upon one horning, which the defender offered to improve; and likewise alleged, He offered to prove that the time of the charge, which bore to be given at his dwelling-place in N. he was dwelling elsewhere, which last allegeance he craved might be presently discussed, or at least reserved to him particularly to reduce thereupon, notwithstanding of the proponing of improbation before. The pursuer contended, it should only be reserved prout de jure; yet the Lords reserved it simpliciter, there being some of them who thought it might be taken in hoc loco, and discussed.
