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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: James Bane
v.
Hugh Mitchell
16 February 1633 Click here to view a pdf copy of this documet : PDF Copy
James Bane pursues Hugh Mitchell, as heir to his father by intromission with his father's heirship goods and gear. It was excepted, That his umquhile father's escheat was disponed, and he had right thereto from the donatar; and so cannot be convened as intromitter with his heirship goods. To the which it was replied, That the exception is not relevant, except it were alleged the gift was declared before the defender's intromission. But it is offered to be proven, That he intromitted with the said heirship goods, many years before the said gift of escheat was declared, and or he got right from the donatar. The Lords repelled the exception, in respect of the reply.
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The electronic version of the text was provided by the Scottish Council of Law Reporting