Allowed to be proved prout de jure, that the expenses of taking a gift of escheat had been paid by the rebel himself.
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In a special declarator of the liferent escheat of John Ker of Howden, pursued by James Wright against his relict as executrix, &c. alleged, No declarator at the pursuer's instance, because offered to be proved that the gift was taken to the rebel's behoof, and was passed upon the rebel's expenses, which was to be proved per membra curiæ, Likeas, further offered to prove, That the pursuer after count and reckoning with the rebel, was paid and satisfied of all his debursements in passing the said gift; whereby it is clear, that his name was only borrowed to it for the rebel's use, hoc maxime attento, that he was the rebel's agent, and the gift being purchased in 1623, he had suffered the rebel to possess his lands as long as he lived. In respect of which circumstances, this last part of his exception was admitted to be proved prout de jure.
