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Scottish Court of Session Decisions >>
Raith, Donatar, v L. Buckie. [1628] Mor 8356 (19 March 1628)
URL: http://www.bailii.org/scot/cases/ScotCS/1628/Mor2008356-038.html Cite as:
[1628] Mor 8356
Debt contracted after Denunciation. - Alienation after Denunciation.
Raith, Donatar, v. L Buckie.
Date: 19 March 1628 Case No. No 38.
Found in conformity with Lindsay against Porteous, No. 30. p. 8354.
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A Special declarator, after a general, of Andrew Meldrum's liferent by Mr James Raith, donatar thereto, against L. Buckie, the defender clothing himself with an heritable right and disposition made of the lands, whereof the liferent was acclaimed in this special declarator, and which was acquired by him from the rebel, before year and day ran after he was denounced rebel, albeit it was granted after he was denounced, yet, being granted before the expiring of the year after his denunciation, and being granted for a true cause of preceding debt, owing to him by the rebel before his rebellion, and he being in real possession of the lands by virtue of his right continually sinsyne, the same ought to defend him against this declarator; this allegeance was repelled; and the donatar was found to have right to the lands, during the lifetime of the rebel, notwithstanding of the heritable right made to the excipient for the preceding cause, and notwithstanding of his possession preceding the expiring of year and day.
Act. Lawtie.Alt. Hope.Clerk, Gibson.
Fol. Dic. v. 1. p. 555. Durie, p. 364.
