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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Mr Patrick Shiels v Thomas Ogilvy of Logy. [1687] 2 Brn 108 (00 June 1687)
URL: http://www.bailii.org/scot/cases/ScotCS/1687/Brn020108-0289.html
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
Mr Patrick Shiels
v.
Thomas Ogilvy of Logy
1687 .June .Click here to view a pdf copy of this documet : PDF Copy
The Marquis of Douglas's gift of the liferent escheat of Logy Ogilvy, his vassal, living within his regality, to my Lord Torpichen, coming to the behoof of the rebel, who was not relaxed; the Marquis made a second gift for his own behoof to Mr Patrick Shiels, who pursued a declarator. Alleged for the first donatar and the rebel, That the liferent escheat could not fall upon a denunciation only at the market-cross of Edinburgh, and not at the head burgh of the shire; 2. The Marquis was denuded by the first gift. Answered, By the Act 140, Parl. 8, James VI, denunciations at the market-cross, where the justices sit, are sufficient, and the rebel was fugitive for murder; besides, ex super abundanti, he was also denounced at Forfar; 2. The party continuing rebel, the first gift fell again under his escheat, single or liferent; to both which the Lords of regality have right. The Lords found that the gift to the rebel's behoof extinguished his escheat, so as the superior could not gift it de novo. This is not clear.—Castlehill's Pratt, tit. Escheats, No. 73.
Page 117, No. 438.
The electronic version of the text was provided by the Scottish Council of Law Reporting