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 >>
oung v The Laird of Raploch. [1680] Mor 3635 (26 June 1680)
URL: http://www.bailii.org/scot/cases/ScotCS/1680/Mor0903635-026.html Cite as:
[1680] Mor 3635
The escheat of a person denounced in the regality where he dwelt, was found to belong to the Lord of legality, and to include his moveables wherever situated.
Click here to view a pdf copy of this documet : PDF Copy
One Young having a gift from the Duke of Hamilton, of the escheat of Gavin Hamilton of Raploch, as being denounced when he had his domicile within the regality of Hamilton, pursues declarator against Raploch and his debtors, who alleged absolvitor as to any goods or debts without the regality, because the Lord of the regality could not have right to them, but they would belong to the King and his donatar. It was replied, That all escheats of moveable goods, or sums, follow the person denounced and his domicile; and though such escheats upon the gifts of the Lords, or Bailies of regality, have been very frequently declared, yet without any restriction; nor was it ever found that two donatars were found to have right to the same sum, one by the King, and another by the Lord of regality.
The Lords found, that the escheat followed the domicile of the person denounced, and that the gift of the Lord of regality extended to all his goods and moveables whatsoever.
