Subject_2 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Anent Gifts of Escheat
Date: 8 July 1671
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A Lord of regality having gifted the escheat of one who lived within the regality, and the donatar seeking general declarator; it was alleged,—The gift is null; because the person was denounced and registrate at the horn before the erection of the regality; and so that escheat belongs to the king, and not to the Lord of the regality; unless he can show where the erection gives him a special right, not only to escheats that should fall thereafter, but to all bygone escheats not yet gifted by the King's Majesty. Answered,—This escheat must fall under his erection, though general; unless they could say gifted before.
Then alleged,—The denunciation was null, because not used at the head burgh of the regality. Answered,—He could not do that, because at that time there was no regality.
Craigie inclined to find he had no right to bygone escheats, except it were expressed in his erection.
