Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JAMES DALRYMPLE OF STAIR.

James Naismith, Younger of Posso,
v.
Edward Ruthven

Date: 12 February 1677

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James Naismith, younger of Posso, having obtained a gift, from the king, of his father's single escheat, pursues the tenants of Lethem, liferented by the Lady Lethem, now spouse to Posso elder, and belonging to him jure mariti, and thereby falling under single escheat. Compearance was made for Edward Ruthven, who obtained a gift of the Lady Lethem's liferent-escheat from the Duke and Duchess of Hamilton, of whom the lands were holden; the Lady having been denounced, before her marriage with Posso: so that his jus mariti could not reach the rent of these lands which were fallen by liferent-escheat in Duke Hamilton's hands.

It was answered, That the gift was purchased from Duke Hamilton, by the means and moyen of the Lady Lethem herself, and taken in name of the deceased Mr John Baillie, advocate, who assigned the same to Edward Ruthven, the Lady Lethem's grandchild; and, though his assignation bears, That his name was in trust for Edward Ruthven, yet, Edward being a child, it could not be supposed to be obtained upon his own account.

The Lords ordained the Duke and Duchess of Hamilton to depone, whether they received any sums for this gift, and from whom; and if it was granted freely; upon whose account, and to whose behoof, it was granted.

Vol. II, Page 519.