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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Laird of Aytoun v The Earl of Dundee. [1665] 1 Brn 515 (15 July 1665)
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Cite as: [1665] 1 Brn 515
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[1665] 1 Brn 515
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN BAIRD OF NEWBYTH.
Date: The Laird of Aytoun
v.
The Earl of Dundee
15 July 1665 Click here to view a pdf copy of this documet : PDF Copy
The Laird of Aytoun, as having right, by assignation from the donatar, to the escheat of the Laird of Craig, pursues a special declarator against the Earl of Dundee; for the duties of the lands pertaining to the deceased Laird of Craig, for crop 1663; and for corn, cattle, goods, and gear, which were upon the mains of Craig, that was in the Laird's own labouring; all which was intromitted with by the Earl of Dundee.
The Earl having excepted, upon a disposition of the moveables, by virtue whereof he had intromitted, and so were fructus bona fide percepti et consumpti;—
And it being replied by Aytoun, That the disposition was for the Laird of Craig's own behoof; and so being simulate, the allegeance ought to be repelled; the simulation being evident by the rebel's own possession: likeas, by Act 145, P. 12, King James VI, all such rights and dispositions made by rebels to their nearest friends, retcnta possessione, are null, and cannot be obtruded against the donatar.
The Lords repelled the allegeance, in respect of the libel and reply; and assigned a day to prove.
Page 36.
The electronic version of the text was provided by the Scottish Council of Law Reporting