Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL
Subject_2 SUMMER SESSION.

James Somervell
v.
Watsone of Damhead's Creditors

Date: 12 July 1677

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James Somervell, usher to the Exchequer, gave in a bill to the Lords thereof, shewing that he was donatar to Watsone of Damhead's escheat, and sundry creditors had poinded the escheat goods, and therefore craved their warrant to force redelivery. This, as illegal and arbitrary, was denied, he not so much as having declared his gift generally, and their poinding being authore prætore.

I remember, in November, 1676, in the case of Grant and Grant, one who was convened as vitious intromitter was assoilyied, because he was donatar to the defunct's escheat, though the gift was posterior to his intromission, and was never declared. Which seems not to want its scruple. This I read in the President's collection of decisions.

Advocates' MS. No. 604, folio 293.