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[1630] 1 Brn 317      

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

James Douglas
v.
Wardlaws

Date: 30 November 1630

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If a donatar pursue a declarator upon the gift of a rebel's escheat: and the executors or intromitters with the defunct's goods and gear allege no declarator; because the horning whereupon the gift of escheat was taken, was null, because the debt was paid before the denunciation: The Lords will not admit this nullity by way of exception; but the party user of the exception behoves to reduce the horning.

Page 87.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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