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Scottish Court of Session Decisions >>
Pilmuir v L. Gagie. [1637] Mor 3644 (24 February 1637)
URL: http://www.bailii.org/scot/cases/ScotCS/1637/Mor0903644-039.html Cite as:
[1637] Mor 3644
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One being at the horn, who was debtor to Pilmuir, his creditor, for satisfying of which debt, the creditor arrests some moneys owing to his said debtor; which arrestment was made after the horning, but before the escheat of the rebel was gifted by the E. Angus, Lord of the regality within which the rebel dwelt; and the Laird of Gagie acquiring the gift of escheat from the Earl after the arrestment, and contending, that he should be answered as donatar, because he alleged, that his gift should be drawn back ad suam causam, and the rebel's goods, hoc ipso momento that he was rebel, pertained to the fisk, who pays none of the rebel's debts; and albeit it was not declared the time of the arrestment, yet that could not be respected, seeing the declarator finds that the rebel was then at the horn, and that all the goods and gear pertaining to him, at that time of his denunciation, pertained to the Lord of the regality, ergo there was no place to any, either creditor or other, to claim any of that rebel's goods thereafter, which, by the rebellion, pertained to the fisk.——The Lords preferred the arrestment made before the gift, albeit after the horning, to the donatar who had acquired the escheat after the arrestment; which gift, so acquired, the Lores found did not derogate to the preceding diligence done by the creditor arresting as said is.
Fol. Dic. v. 1. p. 255. Durie, p. 830.
*** See This case by Spottiswood, voce Gift of Escheat.
