Scottish Court of Session Decisions

Subject_1 PRESUMPTION.
Subject_2 DIVISION IX.

Rights when presumed simulate.
Subject_3 SECT. II.

Gift of Escheat, when presumed simulate.

Dalgarno
v.
E Marishal.

Date: 20 March 1623
Case No. No 255.

Click here to view a pdf copy of this documet : PDF Copy

In a declarator pursued by Dalgarno, as donatar to the escheat of the Earl Marishal, wherein L. Benholm, as another donatar, compeared, the Lords found, That albeit the gift was taken to the behoof of the Lord Keith, eldest son to the rebel, yet that was not sufficient to stay the declarator, except it had been alleged that the Lord Keith had taken it to the use of the rebel's self; and therefore repelled that allegeance proponed by a contrary donatar, viz. L. Benholm. See No 156. p. 11591.

Act. Nicolson & Mouat. Alt. Hope & Stuart. Clerk, Gibson. Fol. Dic. v. 2. p. 158. Durie, p. 59.