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Scottish Court of Session Decisions >>
George Stewart v Mr James Naysmith. [1662] Mor 5098 (6 December 1662)
URL: http://www.bailii.org/scot/cases/ScotCS/1662/Mor1205098-029.html Cite as:
[1662] Mor 5098
In a competition between donatars of escheat, the gift last past the Exchequer, but first past the seals, was preferred.
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George Stewart having obtained the gift of the escheat of one Hume, pursues a general declarator, wherein compears Mr James Naysmith, having a declarator depending of the same escheat, and alleged he ought to be preferred, having his gift first past the Privy Seal, and had the first citation thereupon; George Stewart answered, that his gift was first past in Exchequer, and the composition paid in March, before the rebel was denounced on Mr James Naysmith's horning, whose gift past in Exchequer in June only, and alleged, that he being postponed, through the negligence of the keeper of the register, whom he had oft desired to give him out his gift, it must be esteemed as truly then done; and as to the citation, both being now pursuing, he having done full diligence, could not be postponed, and produced an instrument taken against the keeper of the register, bearing him to have acknowledged, that the gift had been sought from him formerly.
‘The Lords having considered the instrument, arid that it was after Naysmith's gift was sealed, although it mentioned former requisitions, that was but the assertion of the notary, or of the keeper of the register, and therefore preferred Naysmith's gift.
