Debt contracted after Denunciation. - Alienation after Denunciation.
L Conheath v. L Earlstoun.
Date: 6 December 1631 Case No. No 40.
An assignation, though onerous, was found null, being granted by a person after he was denounced rebel, though before gift or declarator of his escheat.
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Conheath being made assignee by Katharine Glendinning to certain goods taken from her by Earlstoun, and pursuing Earlstoun for wrongous intromission therewith, as is noted July 26th, 1631, voce Prescription, the defender alleging, That the cedent was rebel at the same time of the making of that assignation, and stood rebel before the making thereof, and continued rebel yet unrelaxed, so that the assignation is null, specially seeing he has obtained the gift of her escheat, and declarator thereupon, which must liberate him, and prefer him to the assignee; the Lords found the exception relevant, notwithstanding the assignation bore to be made for onerous causes, and that the same was made before the gift of the cedent's escheat was disponed, and before the intenting of any declarator thereupon; and albeit the declarator thereon was recovered since the intenting of this pursuit at the assignee's instance; in respect whereof he replied, That the exception ought to be repelled; yet the assignee, before the gift was granted, was ever in bona fide to take this assignation, notwithstanding of the rebellion, which was never made public, and whereof the assignee was probably ignorant; notwithstanding whereof the donator was preferred, and the exception sustained.
