Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
James Smith and Allan and Grier v. Christian Beg, Relict of - Grier
Date: 8 February 1694
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Rankieler reported James Smith, donatar to Grier's escheat, and Allan and Grier, against Christian Beg, relict of —— Grier. The Lords found the sum of 8000 merks, in Sir Robert Laurie of Maxwelton's hands, was heritable, and fell not under the escheat; for, though it was in trust and under a backbond, yet it did not render it personal, nor alter the nature of the right. But found the bygone annualrents, which the rebel himself would have had, fell to the donatar. But found, if the two merchants, lesed by their two apprentices, proved that they had stolen goods from them, either by the probation already adduced before the Bailies of Edinburgh or otherwise, then the merchants might affect this heritable sum, by adjudging or arresting, for reparation of their damage; and they would allow them their juramentum in litem in this case, as well as in a spuilyie. And, as to the wife Christian Beg's interest, found that the assignation given to the said sum by Martin Beg, her brother, was not to be regarded; seeing he had emitted a prior declaration that his name was filled up in the bond merely in trust for Grier's behoof, and he had no interest in it; which was only to be credited, and not his last assignation.
