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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ALEXANDER GIBSON, OF DURIE.
Date: The Laird of Conheath
v.
The Laird of Earlston
26 February 1633 Click here to view a pdf copy of this documet : PDF Copy
Maxwel of Conheath being made assignee to certain goods, by Katharin Glendinning, owner thereof, which were intromitted with by Gordon of Earlston, and for which he was pursued by the assignee; and he dying, pendente lite, the action was transferred in the heir of Earlston; who compearing, alleged that the cedent was at the horn before the making of the assignation, and he has obtained the gift of her escheat and declarator thereon; which, albeit it be after the assignation, yet the horning is anterior to the assignation; after which horning she could do nothing in prejudice of the fisk, which might derogate to the escheat. This exception was found relevant, and admitted to the defender's probation; whereby the donator was preferred to the assignee made before the escheat was gifted, seeing the cedent was at the horn when the assignation was made by her, at which time she could do no deed to prejudge the fisk. The act of litiscontestation in this cause is dated December 6, 1631, and it was decreeted February 23, 1633.
Act. Cunninghame. Alt. Nicolson and Mowat. Scot, Clerk. Vid. 2d February 1632, Lindsay; 6th December 1631, betwixt these parties.
Page 678.
The electronic version of the text was provided by the Scottish Council of Law Reporting