Scottish Court of Session Decisions

Subject_1 ESCHEAT.
Subject_2 SECT. I.

Effect of Horning.

Master of Elphingston
v.
Erskine of Bagonie

1598. February.
Case No. No 2.

Found as above.

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The Master of Elphingston's son having denounced the laird of Carden for certain sums of money which he was decerned to pay to him, thereafter pursued John Erskine of ———, who obtained the gift of Carden's escheat upon the said horning, to pay to him the said sums contained in the horning, whereupon he took the escheat conform to the act of Parliament. The summons was found relevant, notwithstanding divers allegeances. Thereafter, John Erskine alleges that he could not be decerned to pay the said sums, because he had never intromitted with any of the rebel's goods, neither had he obtained any declarator upon the escheat, but was stayed in the declarator by a son of the Master of Elphingston's, and so unless he would cause his son renounce he could not be decerned to pay the sums, seeing it might be he prevailed not in the declarator. The action was interrupted by the decease of the laird of Carden.

Fol. Dic. v. 1. p. 253. Haddington, MS. No 632.