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Viscount Strathallan v Montgomery. [1686] Mor 4701 (3 December 1686)
URL: http://www.bailii.org/scot/cases/ScotCS/1686/Mor1104701-034.html Cite as:
[1686] Mor 4701
Competition Creditors with the Donatar of Forfeiture.
Viscount Strathallan v. Montgomery
Date: 3 December 1686 Case No. No 34.
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A creditor of Montgomery of Lainshaw's, a forfeited traitor, having arrested some teinds prior to his commission of the crime, and Strathallan being donatar to his forfeiture, he claimed them, because they were not fully affected before the crime, there being no sentence nor decreet to make forthcoming; and an arrestment is but an inchoate diligence, which evanished by the succeeding forfeiture. The Lords preferred the donatar; though it was alleged for the arrester, that the confiscation of moveables, by rebellion, was but equivalent to an escheat of moveables, in which case a creditor arresting before denunciation, would be preferred; which the Lords repelled, in this case of Strathallan's. See 22d February 1628, Anderson against Gordon, No 37. p. 3643.
Fol. Dic. v. 1. p. 314. Fountainhall, v. 1. p. 434.
