Scottish Court of Session Decisions

Subject_1 ESCHEAT.
Subject_2 SECT. VI.

Competition Single Escheat with Assignation.

Mosman
v.
Tenants of Monkcastle

Date: 12 February 1642
Case No. No 48.

Found as above.

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Katharin Mosman, donatar to her husband James Nisbet's escheat, charges the Tenants of Monkcastle for payment of some money contained in a bond granted by them to her said umquhile husband, conform to a sentence of declarator obtained by her against them thereupon; and they suspending, alleged, That her husband in his own lifetime made an assignee to that bond, which was intimate to them, and to which assignee they made payment, and reported his discharges, with consent of the said James Nisbet in his own lifetime. This reason was sustained, albeit the wife alleged, That when the payment was made her husband was at the horn, so that his rebellion made the right to pertain to the King; which was repelled, seeing the payment was made with consent of the husband, before the gift of escheat disponed to the donatar, which they found only put the tenants debtors in mala fide.

Clerk, Scot. Fol. Dic. v. 1. p. 255. Durie, p. 893.