Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.

Bowars
v.
The Lady Couper and Thomas Bannatine, Donatar

Date: 6 July 1671

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In the foresaid action, at Bowars' instance, against the Lady Couper; compearance being made for Thomas Bannatine, who produced his gift to the Lord Couper's escheat, with a summons of general declarator, he thereupon alleged,—That he ought to be preferred to the Bowars; because the Lord Couper died at the horn, and his escheat belonging to the King, he, as donatar, had right to the whole moveables disponed to the lady.

It was answered for the said Bowars, That, their father having obtained decreet against the Lord Couper, in his own time, for payment of his bygone stipend, and having pursued the lady as intromitter,—the Lords, by their interlocutor, had found her liable, and debtor, notwithstanding of her disposition; whereupon litiscontestation was made, and, by an act extracted, her intromission admitted to their probation; in respect whereof a donatar, who had but lately obtained a gift, and whereupon no diligence was done, and not so much as general declarator obtained, could not compete with them.

The Lords did prefer the donatar, and admitted him for his interest. Which was very hard.

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