John White, late Bailie of Kirkcaldy, v. Daniel Reid
Date: 19 February 1713 Case No. No 265.
A gift of liferent escheat not found to be simulate and null for the rebel's continuing to possess a small part of his estate remote from the rest, the donatar's assignee having so far prosecuted his rights as obtain possession of the great part of the estate, by virtue of the gift and other rights in his person.
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In the competition for the mails and duties of the lands of Birkhill, betwixt Bailie White and Daniel Reid, the Lords having, No 16. p. 37., found, That the Bailie, as deriving right to an adjudication of the said estate, by disposition from Sir David Arnot, after his single and liferent escheat was gifted and declared in favour of Sir Patrick Scot, Daniel Reid's author, could not quarrel the gift upon the 128th act, Parl. 12. James VI, as simulate and null by the donatar's allowing the rebel to continue in possession; Bailie White obtained a second gift of Sir David's escheat, and insisted for preference upon the foresaid ground, that the gift to which Daniel Reid pretends right, was simulate and null by the said act 125th, in so far as Sir Patrick Scot, obtainer thereof, and Sir William Bruce, his assignee, used no diligence thereupon, but suffered Sir David, the rebel, to possess his lands of Pitlethy for several years.
The Lords repelled the qualification of simulation; in respect Sir William Bruce, the assignee, did prosecute his right, so far as to obtain possession of the great part of the rebel's estate, by virtue of the gift and other rights in his person; and found the rebel's continuing to possess a small part of the estate at a distance from the rest of it, is not relevant to infer simulation.
