Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.

Mr George Fletcher
v.
The Laird of Culter

Date: 25 March 1630

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Two donatars contend for the rebel's escheat: the first donatar's gift being in anno 1625, upon a horning in anno 1612; the posterior gift, in anno 1628, upon a horning posterior to the first. They both contend for the right to a bond made to the rebel in anno 1614. The first donatar alleges the bond to pertain to him, by reason his gift is posterior to the bond; and so, by virtue of the tenour of the gift, bearing the king to dispone to him the rebel's escheat goods, pertaining to him the time of his denunciation, and now pertaining to the king, all the gear pertaining to the rebel from the time of the denunciation till the time of the gift of the escheat comes under the said gift, and consequently the said bond acquired by the rebel after his denunciation. The second donatar alleges, That no more comes under the first escheat but the goods and gear pertaining to the rebel the time of his denunciation; at the least, no more but that which pertained to the rebel within a year after his denunciation; and all the rest which the rebel happened to acquire was at the king's dispensation, and pertained to the second donatar. The Lords found, That all which pertained to the rebel the time of his denunciation, or was acquired by him, and pertained to him when the first gift was given, did belong to the first donatar.

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