Scottish Court of Session Decisions

Subject_1 GIFT OF ESCHEAT.
Subject_2 SECT. IV.

Competitions between Gifts of Escheat.

Mr Robert Dickson
v.
Mr Mark Ker

Date: 21 July 1665
Case No. No 30.

Two gifts both past the seals in one day were brought in pari passu.

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There being a competition betwixt Mr Robert Dickson and Mr Mark Ker, as both having the gift of the escheat of Hume of Graden both past the Seal in one day; Mr Robert Dickson had past in Exchequer long before, and his summons was raised two days before his gift was sealed, and so was not a regular diligence. He alleges, Mr Mark Ker's was more irregular, because, being a declarator, his summons was not upon 21 days. It was answered, The summons was privileged. It was replied, That the privilege was granted periculo petentis upon a common bill, which passes without observation.

‘The Lords considering that their gifts were both past in one day, and that there diligence was so near, conjoined the gift, and declared them jointly. See Escheat.

Fol. Dic. v. 1. p. 347. Stair, v. 1. p. 300.