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Scottish Court of Session Decisions >>
Ramsay v Mackison. [1624] Mor 3617 (5 March 1624)
URL: http://www.bailii.org/scot/cases/ScotCS/1624/Mor0903617-007.html Cite as:
[1624] Mor 3617
What falls under Single, what under Liferent Escheat.
Ramsay v. Mackison
Date: 5 March 1624 Case No. No 7.
The intenting of a special declarator, altho' afterwards past from, found entirely to denude the rebel.
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In an action pursued by John Ramsay contra Mackison, for payment of the sum of 500 merks, conform to the defender's obligation made thereupon, the Lords found, that this pursuer had no action subsisting in his person, to pursue for this debt, because the pursuer was denounced rebel, and his escheat gifted, and declared generally: Likeas the donatar had intented special declarator for this same sum, against this same defender; which being called, albeit in that special declarator the donatar past from this excipient, yet the intenting of the special declarator so denuded the rebel, that no right remained in his person, whereupon he might convene the defender, but the same was only competent to the donatar. This allegeance was found relevant to exclude the creditor's pursuit; for the Lords found, that albeit it was jus tertii, which was alleged, yet that it was competent to the excipient, sicklike as if the pursuer had been denuded by an assignation, which had been intimate; and, that the once intenting of a special declarator against him, albeit thereafter past from, was of the like force as the intimation of an assignation.
