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Ochiltree v Miller. [1634] Mor 3627 (22 March 1634)
URL: http://www.bailii.org/scot/cases/ScotCS/1634/Mor0903627-015.html Cite as:
[1634] Mor 3627
What falls under Single, what under Liferent Escheat.
Ochiltree v. Miller
Date: 22 March 1634 Case No. No 15.
An heritable bond, on which infeftment has not followed, falls under single escheat.
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A donatar to a bastard's gift of single escheat, pursuing for payment of a sum owing to the bastard by heritable band; the Lords found this heritable bond fell under the gift of single escheat, and that it needed not to be conferred by presentation, there being no sasine, nor by no other manner of gift. Item, a bond of L. 100 subscribed by one notary only, was sustained, because it exceeded not that sum; and the Lords interpreted matters of importance, which require two notaries, to exceed that sum, and not those which extend thereto, and no more.
Clerk, Scot.
Fol. Dic. v. 1. p. 253. Durie, p. 717.
