Scottish Court of Session Decisions

Subject_1 ESCHEAT.
Subject_2 SECT. VI.

Competition Single Escheat with Assignation.

Clerk
v.
Napier

Date: 11 February 1614
Case No. No 47.

Found as above.

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In an action of special declarator, pursued by John Clerk, donatar to the estate of John Cuthbert, contra William Napier of Wrightshouses, the Lords found that, a declarator made by John Cuthbert before the rebellion, that the haill sums pertained to William Napier, which also contained an assignation to the sums, could not prejudge the King's donatar, because it was not intimated.

Fol. Dic. v. 1. p. 255. Kerse, MS. fol. 53.