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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> George Telfer v William Paton. [1683] 2 Brn 34 (00 February 1683)
URL: http://www.bailii.org/scot/cases/ScotCS/1683/Brn020034-0096.html
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
George Telfer
v.
William Paton
1683 .February .Click here to view a pdf copy of this documet : PDF Copy
A donator of escheat having pursued a special declarator against the rebel's
relict,—it was alleged for the defender, 1. It being two years since her husband's decease, possession of moveables is a presumptive title. 2. She had confirmed the goods as executor-creditor, upon her contract of marriage, before the gift; which legal diligence, for an antecedent debt before the horning, must have the same effect against the donator as arresting and poinding; and, the goods being in her own possession, she could not pursue herself. The Lords found the second allegeance relevant; but found, that the rebellion cut off the right of thirds, seeing truly the defunct had no goods; and the right of the third is but a consequential interest, in case the husband have goods; although diligence for positive obligements are allowed, for commerce sake, to prejudge donators. Page 114, No. 428.
The electronic version of the text was provided by the Scottish Council of Law Reporting