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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Gibson v Libberton. [1610] Mor 2206 (31 May 1610) URL: http://www.bailii.org/scot/cases/ScotCS/1610/Mor0602206-060.html |
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Subject_1 CITATION.
Subject_2 SECT. XV. Citation in Declarator of Escheat.
Date: Gibson
v.
Libberton
31 May 1610
Case No.No 60.
In a declarator of a dead man's escheat, not only the wife and children must be called, but the heir, because of his heirship goods.
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A donatar taking declarator of the escheat of a defunct, will get no process against the heir and relict, if there were executors confirmed before the intenting of his cause, in case he have neither called the executors, nor the defunct's hail bairns, who might have been his executors. A horning and gift of escheat following thereupon will not be decerned null upon an exception in the declarator, that the defender offers him to prove that the debt was paid before the denunciation, because that must bide reduction. See Escheat.
The electronic version of the text was provided by the Scottish Council of Law Reporting