Scottish Court of Session Decisions

Subject_1 JURISDICTION.
Subject_2 DIVISION XIII.

Regality Court.

Earl Winton
v.
Almous

Date: 26 February 1622
Case No. No 363.

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The Earl of Winton pursuing a declarator, of the escheat of one called Almous, dwelling in the Plew of Weddel, within the regality of St Andrews, as a privilege of his heritable bailiary of the said regality, upon the southside of Forth, it was excepted, that his infeftment gave him only escheats of court and not of rebels, because, neither were the escheats of rebels expressed in his infeftment, nor were any escheats contained in the clause dispositive, but only in the clause after tenendas subjoined to the holding of courts. The Lords repelled the allegeance proponed by the defender, because of the general clause, and that the Archbishop opponed not; but the Lorrs thought that the Earls' right in that point, was not valid, if the Archbishop should quarrel his infeftment, so far as he thereby claimed escheats of rebels.

Fol. Dic. v. 1. p. 510. Haddington, MS. No 2606.