Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ALEXANDER GIBSON, OF DURIE.

Whitefoord
v.
The Laird of Crachlaw

Date: 5 March 1634

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In a double poinding betwixt the donator of young Crachlaw's liferent-escheat and Crachlaw's creditors, which of them should be answered of a yearly duty addebted to the rebel; wherein the creditors claiming preference to the donator, because the donator had given bond, at the time of the acquiring of the gift, to the treasurer, that the same should not be prejudicial to the rebel's creditors: And the donator answering, that that bond cannot be extended in favours of any creditors but to such as were creditors the time of the gift, and not in favours of any creditors who had acquired their bonds since;—the Lords repelled the allegeance proponed for these creditors, seeing these bonds and obligations were long after the date of the said gift and general declarator; for they found that such bonds, being, as said is, granted by donators to the king's officers, should only extend to debts owing to creditors, before the purchasing of the gift, and to no debt contracted after the gift.

Act. Neilson. Alt. ——. Gibson, Clerk.

Page 708.