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 £1, 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 >>
Neilson v Kennedy. [1684] Mor 7836 (23 January 1684)
URL: http://www.bailii.org/scot/cases/ScotCS/1684/Mor1907836-066.html Cite as:
[1684] Mor 7836
Objections, &c. competent to some and not to others.
Neilson v. Kennedy
Date: 23 January 1684 Case No. No 66.
Click here to view a pdf copy of this documet : PDF Copy
In a process of special declarator, at the instance of a donatar of single escheat, it was found competent to the defender to plead that the bond was granted by him, more than year and day after the denunciation, and consequently fell not under single escheat, though the gift bore all goods and gear that should belong to the rebel, before his decease; seeing such gifts are restricted to what the rebel shall acquire within year and day; and it was not found jus tertii to quarrel the pursuer's want of title.
Fol. Dic. v. 1. p. 522. Harcarse.
*** This case is No 15. p. 5085. voce Gift of Escheat.
