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Andrew Hunter of Dod v Scot of Comiston. [1699] 4 Brn 440 (16 February 1699)
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[1699] 4 Brn 440
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL. Subject_2 This week I sat in the Outer-House, and so the observes are the fewer.
Andrew Hunter of Dod v. Scot of Comiston
Date: 16 February 1699
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Andrew Hunter of Dod pursues a special declarator of the escheat of Graham of Morphy, and convenes John Scot of Comiston as his debtor;—who alleged,—No process, because there is no general declarator of the gift. Answered,—My gift is on the same horning whereon the Lord Rosehill was constituted donatar; and the first gift having been declared in general, he, as second donatar, needed not raise another. Which the Lords sustained.
2do. Alleged,—The first donatar's representatives ought to have been called, and all the creditors preferred in the first donatar's back-bond to the Exchequer.
Answered,—If the Lords find it necessary for trying how far they are paid, the pursuer will cite them cum processu.
This the Lords allowed.
Vol. II. Page 44.
[See 18th January 1695, supra, page 250, thir same parties.]
