Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.

Francis Arneill
v.
William Brown, Agent

Date: 22 July 1670

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This was a declarator of a gift of ultimus hæres, together with an improbation of sundry evidents super hoc titulo as donatar to the ultimus hæres of

Alleged against the declarator, no process, because not tabled. This was found relevant.

Alleged against the improbation; that he can never be heard to insist therein till such time as his gift be declared; seeing a naked gift, without a declarator, can never be a title nor interest whereon an improbation can be pursued. The pursuers alleged in the contrary.

The Lords were contented to give them the Lords' answer thereon.

Act. Alt. Eleis. Advocates' MS. No. 89, folio 83.