Scottish Court of Session Decisions

Subject_1 ESCHEAT.
Subject_2 SECT. IV.

Liferent Escheat to Whom it falls.

William Leslie
v.
William Stewart

1598. February.
Case No. No 27.

Whether a liferent tack which falls under liferent, and not single escheat, goes to the King by escheat, or to the letter? Not decided.

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This was a declarator sought by Mr William Leslie of a liferent-tack of the lands set by the Earl of Murray to William Stewart of Seton, which lands were holden feu by the said Earl, of the Abbot of Lindores, to the which the said Mr William Leslie pretended right, as donatar to the King, of the liferent of the said William Stewart. It was alleged, That the said tack could not fall under his Highness's gift of liferent, because the said William was not his Highness's vassal. The Lords, at the report of the interlocutor, disputed very long and contentiously, whether, if a liferent tack fell in liferent, it should go to the setter, by the tacksman's remaining year and day at the horn, or to the King, or if it fell under single escheat to the King; because it was thought that liferent tacks might fall under single escheat; or, if they fell in liferent, they behoved to appertain to the King, because they were not heritable nor holden of any other superior?—But after long contention, the matter was casten off to a Parliament or longer deliberation.

Fol. Dic. v. 1. p. 254. Haddington, MS. No 631.