Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 WINTER SESSION 1976.
Isobel Guthrie, and Lindsay of Pitscandly, her Husband, v. -
1676.
November.
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Isobel Guthrie, sister to the Laird of Guthrie, and Lindsay of Pitscandly, her husband, for his interest, pursuing a special declarator of the escheat single of the last Laird of Guthrie, and pretending sundry leases of lands in Ireland fell under the same; it was alleged they did not, because they being tacks set for 59 years' duration, they behoved to be at least reputed of the nature of liferent tacks, which, by the act of Parliament, 1617, fall not under single escheat, but are only carried by the liferent escheat. For evincing whereof, it was alleged that a 19 years' tack (which is far short of a 59 years' lease) is in common estimation equivalent to a liferent tack quoad the value, if one were to buy them; and that they ought to be so reputed as not to fall under a single escheat, may be urged from Stair's system, Tit. 13, No. 4, in fine, pagina mihi 170; and Hope's Collection of Practicks, titulo Hornings and Escheats, pages 192 and 198. They talk of an old decision about this, The Earl of Louthian, contra ——————
There was another defence against this special declarator, viz. that thir leases could not fall under a Scotch outlawry and denunciation, they lying in Ireland, an independent kingdom, and ruled by different laws. But see more of thir two defences, infra, No. and in the informations. Vide infra hoc eodem numero, § 12.
