BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £5, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Edward Stewart v The Laird of Luss. [1541] Mor 5114 (28 July 1541)
URL: http://www.bailii.org/scot/cases/ScotCS/1541/Mor1205114-004.html Cite as:
[1541] Mor 5114
The first donatar of ward, non-entry, &c. having executed a summons against a second donatar, was preferred to him, altho’ the second had obtained first possession.
Click here to view a pdf copy of this documet : PDF Copy
Gif the King gevis and disponis to divers and sindrie donatouris, divers and sindrie giftis of non-entres, ward, or uther casualtie pertening to his Hienes, and the first donatour raisis summoundis be vertue of his gift, aganis the last donatour, and causis the samin be execute upon him befoir he obtain his gift; he, be ressoun he prevenis him be summoundis, aucht and sould be preferrit to him, notwithstanding that the last donatour obtenit first possessioun, and be thairintill.
Fol. Dic. v. 1. p. 349. Balfour, (Fraudful Alienation.) No 5. p. 166.
