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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Sir George Hay v Alexander Walker. [1632] 1 Brn 191 (7 February 1632)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION reported by SIR ROBERT SPOTISWOODE OF PENTLAND.
Subject_2 Such of the following Decision as are of a Date prior to about the year 1620, must have been taken by Spotiswoode from some of the more early Reporters. The Cases which immediately follow have no Date affixed to them by Spotiswoode.
Date: Sir George Hay
v.
Alexander Walker
7 February 1632 Click here to view a pdf copy of this documet : PDF Copy
In a declarator of the Lady Samuelston's escheat, pursued by Sir George Hay;—Alleged by Alexander Walker, a creditor of her's, No declarator; because the gift is taken to the behoof of the rebel, and so must accresce to the creditors. Replied, That ought to be repelled against the general declarator, but ought to be reserved against the special. Duplied, It was competent here, seeing the donator will not seek perhaps a special, being in possession of the rebel's goods. The Lords found the exception relevant.
Page 105.
The electronic version of the text was provided by the Scottish Council of Law Reporting