Scottish Court of Session Decisions

Subject_1 ESCHEAT.
Subject_2 SECT. V.

Competition Single Escheat with Arrestment.

A
v.
B

Date: 17 November 1686
Case No. No 43.

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Thir two questions were agitated in the Session, 1mo, A rebel's escheat is gifted and declared, but year and day after the denunciation he gets a bond in his own name, and a creditor of his arrests the sum in this bond; the donatar also claimed it; Against whom it is alleged, nothing falls under the single escheat but what belonged to the rebel the time of the denunciation, or accresced to him within year and day thereafter. President Lockhart, in a case of the Earl of Breadalbane's with some creditors, thought, if a second donatar were made, he would carry it; and even as it stood, he preferred the first donatar to the arrester; which some thought hard.

2do, One arrests a sum due to a rebel; the donatar of his escheat is paid off his debt, but the second in the back-bond craves to be preferred to the arrester, as being in eodem corpore. It was thought he ought to be preferred to the arrester.

Fol. Dic. v. 1. p. 255. Fountainhall, v. 1. p. 428.