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Scottish Court of Session Decisions >>
Douglas v Spalding. [1605] Mor 7830 (30 May 1605)
URL: http://www.bailii.org/scot/cases/ScotCS/1605/Mor1907830-054.html Cite as:
[1605] Mor 7830
Objections, &c. competent to some and not to others.
Douglas v. Spalding
Date: 30 May 1605 Case No. No 54.
Nullity of a gift of escheat as taken for the rebel's behoof, was sustained at the instance of a posterior doratar against a prior.
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Alexander Douglas obtained the gift of escheat of umquhile Hugh Weir of Clowburn, and intented declarator thereupon; thereafter, Spalding in Dalkeith, obtained a gift of the said escheat, and sought declarator. Alexander Douglas alleged he should be preferred, in, respect of the first gift and first declarator intented. Spalding alleged Alexander Douglas's gift, to be null, in respect it was simulate taken to the behoof of the rebel upon his expenses retenta possessione, and offered to prove the same by the treasurer, clerk, and writers to the seals and keepers thereof. It was answered by Alexander Douglas, That he was not a conjunct person, and offered to him to prove, that he had paid the hail expenses with his own private money, and he not getting possession was for want of a declarator, while now he ought, and now the rebel was relaxed, so that he might not intromit. The Lords found the allegeance upon the last gift and simulation of the first donatar to the behoof of the rebel, relevant to be proven by writ or oath of party.
