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Scottish Court of Session Decisions >>
Countess of Dundee v Straiton. [1669] Mor 8360 (24 February 1669)
URL: http://www.bailii.org/scot/cases/ScotCS/1669/Mor2008360-045.html Cite as:
[1669] Mor 8360
Debt contracted after Denunciation. - Alienation after Denunciation.
Countess of Dundee v. Straiton
Date: 24 February 1669 Case No. No 45.
Escheat not burdened with debts contracted alter rebellion.
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The Countess of Dundee, as donatrix to her husband's escheat, pursues Straiton for a sum due to her husband.—The defender alleged absolvitor, because that same day this bond was granted by him to the Earl, a creditor of the Earl's arrested, to whom the defender had made payment, and obtained his assignation; and therefore, as assignee craves compensation, and preference as arrester.—It was answered, That this debt being contracted by the late Earl, after he was rebel, it cannot burden his escheat in prejudice of the King and his donatar; for though creditors, whose debts were due before rebellion, arresting after rebellion, may be preferred, yet no debt, contracted by the rebel after rebellion, can burden his escheat, neither by arrestment nor compensation;
Which the Lords found relevant, and preferred the donatrix, except as to what was due to the defender by herself, or for drugs to her husband, which she was content to allow.
