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A burdened estate being under sequestration at the creditors' instance, and the heritor forfeited, and the forfeiture declared, the Lords nevertheless refused, at the donatary's desire, to remove the factor, though the donatary was come in the heritor's place, and offered caution to the creditors to make the rents forthcoming to them, according as they should be preferred; yet here the Lords thought it was reasonable, that the donatary might call the factor to an account how he employed the rents, that there might be no embezzlement nor collusion.
Fol. Dic. v. 2. p. 366. Fountainhall.
*** This case is No. 1. p. 5109. voce Gift of Forfeiture.
