Scottish Court of Session Decisions

Subject_1 GIFT OF ESCHEAT.
Subject_2 SECT. IV.

Competitions between Gifts of Escheat.

John White, late Bailie of Kirkcaldy,
v.
Daniel Reid

Date: 29 January 1714
Case No. No 31.

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In a competition for the rents of lands belonging to Sir David Arnot, betwixt Bailie White and Daniel Reid, both donatars of Sir David Arnot's escheat, by separate gifts, taken on different hornings, Daniel Reid's gift being declared and the Bailie's not; the Lords found that Bailie White's gift could not compete with Reid's gift, there being no general declarator of the former, and it being taken on a distinct horning from that on which the gift already declared is taken; so that in the case of Lundie contra Lundie, 20th November 1629, voce Res inter alios, where a second donatar, upon production of his gift, with the horning whereupon it proceeded, was allowed, without declarator, to object against the first gift. Both gifts must have proceeded upon the same horning.

Fol. Dic. v. 1. p. 347. Forbes, MS. p. 20.