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URL: http://www.bailii.org/scot/cases/ScotCS/1626/Mor1205102-033.html
Cite as: [1626] Mor 5102

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[1626] Mor 5102      

Subject_1 GIFT OF ESCHEAT.
Subject_2 SECT. VI.

Effect of the Backbond, which the Donatar was by statute bound to grant.

Kinghorn
v.
Wood

Date: 25 November 1626
Case No. No 33.

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A prior donatar's backbond bearing, that he should use the gift by advice of the Lord Treasurer, he being refunded all his charges, to the effect that no creditor should be prejudged; this donatar nevertheless was found to have good right to the rebel's goods, as long as there was not a creditor to claim the benefit of the bond, although another posterior donatar, who was not a creditor, offered to satisfy him all his charges.

Fol. Dic. v. 1. p. 348. Durie.

*** See this case, No 8. p. 5072.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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