Scottish Court of Session Decisions

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

John Spence
v.
Alexander Creightoune

Date: 9 January 1631

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Umquhile James Simpson, cordiner in Edinburgh, was addebted, by his bond, to John Spence, in the sum of 200 merks. He pursues Alexander Creightoune, as intromitter with the defunct's gear. The defender alleges, He cannot be convened as intromitter, because the defunct died rebel, and he is donatar to his escheat, which purges his intromission. To the which it was replied, That his intromission being prior to this gift, the subsequent gift cannot purge his vicious intromission. 2do. It is offered to be proven, that the defender accepted a disposition from the defunct, before his decease, of his haill goods and gear, for satisfaction of his debts; and of this debt in particular: So he could not take the gift of the defunct's escheat, to defraud creditors whom he was obliged, by the said disposition accepted by him, to pay. The Lords repelled the exception, in respect of the last reply; at least, that he might make count and reckoning, to the creditors, of his intromissions.

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