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Scottish Court of Session Decisions >>
Lockhart of Cleghorn and Sophia Guthrie v Robert Watson. [1697] Mor 15902 (23 February 1697)
URL: http://www.bailii.org/scot/cases/ScotCS/1697/Mor3615902-038.html
Lockhart of Cleghorn and Sophia Guthrie v. Robert Watson
Date: 23 February 1697 Case No. No. 38.
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The Lords preferred the donatar to the single escheat, before the donatar of the life-rent, as to the crop growing upon the ground at the time of the gift; in regard his intromission and possession were before the donatar of the life-rent had raised a declarator, and that it seemed to agree with the decision 2d February, 1627, Somervel, No. 5. p. 15878; and Sir George Mackenzie's opinion, in his Institutions anent Escheats: Yet the President differed, and thought, albeit the donatar of the single escheat had the right to the ipsa corpora, and to intromit with the crop, yet it was burdened with the hypothec of the farm and duty, payable out of it to the master of the ground, the rebel, and which the donatar to the life-rent might claim; but the plurality of the Lords thought, since it was here in the rebel's own hand, there was no rent to be paid out of it to any. Yet it was argued, If he had sold it at that time, he would have been liable to the buyer for the farm, of that year's crop as a tenant.
