Scottish Court of Session Decisions

Subject_1 GIFT OF NON-ENTRY.
Subject_2 SECT. II.

Competition between Gifts of Non-entry.

Edward Stewart
v.
The Laird of Luss

Date: 28 July 1541
Case No. No 4.

The first donatar of ward, non-entry, &c. having executed a summons against a second donatar, was preferred to him, altho’ the second had obtained first possession.

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Gif the King gevis and disponis to divers and sindrie donatouris, divers and sindrie giftis of non-entres, ward, or uther casualtie pertening to his Hienes, and the first donatour raisis summoundis be vertue of his gift, aganis the last donatour, and causis the samin be execute upon him befoir he obtain his gift; he, be ressoun he prevenis him be summoundis, aucht and sould be preferrit to him, notwithstanding that the last donatour obtenit first possessioun, and be thairintill.

Fol. Dic. v. 1. p. 349. Balfour, (Fraudful Alienation.) No 5. p. 166.