Scottish Court of Session Decisions

Subject_1 SPUILZIE.
Subject_2 SECT. VI.

Colourable Title of Intromission.

Executors of a Bastard
v.
Douglas

Date: 21 February 1543
Case No. No. 40.

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One Douglas obtained the escheat of bastardy of a man, and the King's letters upon his gift to the Sheriff in that part, to cause him be answered of the said man's goods, and by virtue of these letters an officer and he past and took up all the man's goods and gear and insight. The man's executors asked for spuilzie, and showed how the man was rehabilitated by the King, and so the escheat was not. The Lords decerned and ordained reum in spolio, petito et actoris juramentum dandum de guantitate rerum licet reus habuerit titulum coloratum intromittendi, yet he ought not to have taken the goods and gear at his own hand, but should have called the possessors, and now his title reduced falsum fuisse ab initio.

Fol. Dic. v. 2. p. 391. Sinclair MS. p. 46. *** Balfour reports this case:

Gif ony persoun obtenis the eschete of bastardrie, with the Lordis letteris, conform to his gift, to cause him be answerit conform thairto, and intromettis with the saidis gudis and geir alledgit pertening to the said umquhile bastard, he may be callit and convict for spuilzie thairof, at the instance of the said umquhile bastard's executouris, gif they sufficientlie preive that the bastard was rehabilitat befoir his deceis; because, albeit he had ane colourit titill, and the Lordis letteris, nevertheless he sould have callit the possessouris of the saidis gudis and geir to have heard the samin decernit to pertene to him be virtue of his gift.

Balfour, p. 471.