Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.

Anent Donatars to Escheats

Date: 10 January 1672

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A donatar to the escheat of a rebel, lying over by the space of a year, or any such like time, without declaring his gift, and so suffering the rebel to continue in possession, this retenta possessio was found a great presumption where-upon to infer the gift to be simulated, and to the rebel's behoof; and therefore where the donatar does not diligence to put the rebel from the possession, the Lords will prefer another who has taken a second gift, or any other competing on a right of itself not preferable. Infra January 1676, No. 457.

Advocates' MS. No. 292, § 1, folio 123.