Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.

Nicol Cairncrose
v.
Pilmure

Date: 24 February 1637

Click here to view a pdf copy of this documet : PDF Copy

In an action of double poinding, raised by Nicol Cairncrose, debtor to a rebel, against Pilmure, creditor to the rebel, on the one part; and Alexander Guthrie, donatar to the rebel's escheat, on the other part: Pilmure contends that he should be preferred to the donatar; by reason he both arrested and obtained decreet thereupon, before the donatar obtained the gift of the rebel's escheat. The donatar contended, that, from the time of the rebellion, jus erat acquisitum domino regi; and no posterior diligence done by a creditor can prejudge the king of his casuality. The Lords preferred the arrester, in respect of his diligence.

2d MS. Page 16.