Objections, &c. competent to some and not to others.
Neilson v. Kennedy
Date: 23 January 1684 Case No. No 66.
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In a process of special declarator, at the instance of a donatar of single escheat, it was found competent to the defender to plead that the bond was granted by him, more than year and day after the denunciation, and consequently fell not under single escheat, though the gift bore all goods and gear that should belong to the rebel, before his decease; seeing such gifts are restricted to what the rebel shall acquire within year and day; and it was not found jus tertii to quarrel the pursuer's want of title.
Fol. Dic. v. 1. p. 522. Harcarse.
*** This case is No 15. p. 5085. voce Gift of Escheat.
