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Vitious Intromission Purged by Confirmation, or by declarator of escheat.
Gray v. Dalgardno
Date: 7 February 1662 Case No. No 200.
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A gift of escheat to the intromitter himself, ante litem motam, is sustained to purge vitiosity, though there be no diligence on it. The reason given is, that the gift to the intromitter himself is effectual without declarator;—but of this there is some doubt. A special declarator indeed is not necessary, but a general declarator, which is not a process for payment, but a step of diligence, in order to complete the conveyance, like the intimation of an assignation, ought to be requisite in all cases.
Fol. Dic. v. 2. p. 46. Stair.
*** This case is No 169. p. 9850.—A similar decision was pronounced 22d January 1675, Chalmers against Farquharson and Gordon, No 45. p. 9683.
