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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Creditors of Sir David Baird v Mrs. Erskine. [1739] 2 Elchies 167 (13 January 1739) URL: http://www.bailii.org/scot/cases/ScotCS/1739/Elchies020167-001a.html |
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Subject_1 ESCHEAT.
Date: Creditors of Sir David Baird
v.
Mrs Erskine.
13 January 1739
Case No.No. 1
Click here to view a pdf copy of this documet : PDF Copy
A creditor getting a gift of single and liferent escheat, fallen on his own diligence, under backbond in Exchequer in common form to denude after payment in favour of the other creditors; the Lords thought he would be liable for dole et culpa lata, but not for culpa levis or levissima, in doing diligence for recovering the effects; but waved deciding the abstract point of law, and ordered enquiry to be made what diligence had been used, which was indeed very little; but upon the report found no such negligence as to make the donator liable for the arrears of rent resting. Vide the report of the diligence in the printed papers.
The electronic version of the text was provided by the Scottish Council of Law Reporting
