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.

Anent Donatars to Escheats

1678. January.

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A Donatar to an escheat having given a back-bond and entered into posses-session, is pursued by second donatars, to count and reckon, as being paid by intromission; at least might have intromitted with as much: the question is, if he can be countable for ought and should have intromitted, as a first appriser is to a second.

It seems reasonable he condescend upon some obstacle and impediment that hindered him from possessing; for the gift above his own payment is but a trust,—it is mandatum partim causa mandatarii, partim causa altering, viz. of the other creditors, &c. See Dury, 15th December 1626, Donatar to the Laird of Foulls his escheat.

Advocates' MS. No. 703, folio 314.