Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.

Hume
v.
Arnot

1683. February.

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One Arnot, an appriser of lands for a small sum, being year and day at the horn, and his liferent-escheat gifted;—it was alleged for the rebel's creditors, who had adjudged the right of that apprising posterior to the liferent-escheat, That, as to the rents of the apprised lands lying in the tenant's hands, the rebel could only have so much of the mails and duties as answered to the annual-rents of the sum comprised for, in regard the superplus rents ought to be deduced off the stock, which falls not under liferent-escheat; although, if the rebel had uplifted the whole rents from the tenants, these, as being moveable, would have fallen in the single escheat. The Lords found the allegeance relevant, and that the rebel's creditors had right to the superplus.

Page 114, No. 429.