Action lies at Common Law for redress, where the Barons of Exchequer are guilty of partiality in completing gifts proceeding from the Crown.
Howieson v. Lady Kinnaird
Date: 28 December 1697 Case No. No 309.
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A creditor having obtained from the Exchequer a gift of the single and liferent escheat of his debtor, the same was burdened with 2000 merks a-year to the debtor's lady, which was the jointure she had by her former husband, and which belonged to the present husband jure mariti. Another creditor obtained a second gift, at the passing of which the lady compeared, craving it might be burdened with her 2000 merks, as the former was. The Exchequer, upon debate, restricted the jointure to L. 1000, and burdened the second gift with that sum. In a competition before the Court of Session, the Lords found the Exchequer were functi, and could not restrict the first gift by granting a second, and preferred the first donatar, with the burden of the lady's 2000 merks.
Fol. Dic. v. 1. p. 507. Fountainhall.
*** This case is No 36. p. 5106. voce Gift of Escheat.
