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Scottish Court of Session Decisions >>
Galbraith v Deans. [1685] Mor 1354 (24 November 1685)
URL: http://www.bailii.org/scot/cases/ScotCS/1685/Mor0401354-014.html Cite as:
[1685] Mor 1354
How far a Donatary of Bastardy is liable for the debts of the Bastard. How a Debt against the Estate of a Bastard may be Constituted. Do Tacks pass to the Donatary?
Galbraith v. Deans
Date: 24 November 1685 Case No. No 14.
A donatary of bastardy found only liable secundum vires hæreditatis.
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George Galbraith being creditor to the deceased —— Gib, obtained a sentence against Abigail Deans, as donatar to the bastardy of the said —— Gib her husband, for payment of the debt. She suspended upon this reason, That the decreet was against her in absence, and that she had since obtained the gift of her husband's escheat, which gave her a right to the whole moveables.—It was answered, That the debt being constituted against her by a sentence, and she having intromitted and possossed, as donatar to the bastardy, she could not, by a subsequent title, ex; post facto acquired, and after sentence was recovered against her, prejudge the creditors, who had jus acquisitum, seeing she, as donator of bastardy, was liable to pay all her husband's debts, quoad vires hæreditatis.—— The Lords found, That the debt being constituted against her, as donatar to the bastardy, she could not, by a subsequent title of escheat, prejudge the charger: And therefore the Lords ordained her to depone upon the quantity and species of her intromission; and allowed her retention, as to the privileged debts, such as house mails, servant's fees, expences of both gifts of bastardy and escheat.
Fol. Dic. v. 1. 93. Pres. Falconer, No 103. p. 72.
