Debt contracted after Denunciation. - Alienation after Denunciation.
Lindsay v. Nisbet
Date: 2 February 1632 Case No. No 41.
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In a special declarator of Helen Nisbet's escheat, it was alleged, That the particular goods assigned by the rebel to David Nisbet, her brother, defender, could not come under this declarator; because, the assignation was made by her thereof, albeit after her rebellion, yet before the general declarator, which was lawful for him to accept. The Lords repelled the allegeance, seeing the assignation could not prejudge the King's donatar, being made after rebellion, albeit the assignee had not been a conjunct person, specially seeing there was no lawful nor onerous cause qualified, which might sustain the assignation; for, if it were sustained, the King and his donatar would ever be prejudged by such deeds, albeit no creditor proponed the same.
Fol. Dic. v. 1. p. 555. Durie, p. 618.
*** See similar decisions, 20th July 1630, Laird Lee against Porteous, No 12. p. 2182. voce Citation; and 17th June 1712, Ker against Creditors of Harden, No. 22. p. 690. voce Arrestment.
