acquirer is presumed to take his hazard: But with us no Warrandice, is absolute Warrandice.
Quaeritur, If a Donator to a Forefaulture has Action for Exhibition and delivery of the Evidents?
The Vassal of a Subject, having granted a subaltern Right to be holden base, and the same not being confirmed by the mediate Superior: Quae∣ritur, Whether the Subvassals Right foresaid, will fall under the Fore∣faulture of his immediat Superior being Forefaulted? Answer. It is thought that it will fall under the Forefaulture, in respect that if the per∣son Forefaulted had committed a Crime against his Immediate Superior whereupon the Lands would have recognosced or Forefaulted to him, The Subvassal his Property would have fallen under the Forefaulture; and there is eadem if not major Ratio in the case of Treason, The King being Superior Paramount, and the Crime against him being also a Crime against the mediate Superior; there being no greater wrong than to be a Traitor to the Superiour. Caldwell and Glanderstoun.
Quaeritur, Quid Juris, If the mediate Superiour had confirmed the Subvassals Right?
Quid Juris in the case of Forefalture for Treason? And if there be a difference in the case of Forefaulture in Parliament and before the Ju∣stices?
Lands being Comprysed and a signature being past upon the Comprysing, but no Infeftment being taken thereupon: Quaeritur, If the Debitor commit Treason in the interim, whether the same will fall under Forefaulture? Answer. It is thought that it will not, seing the Debitor was fully denuded; there being no vestige of Right in his per∣son; seing he is divested by the Comprysing as if he had resigned, and the Superiour had accepted the Resignation.
Quaeritur, Quid Juris, If there were only a Comprysing without a Signature? And the Question may be more general; Viz. If in all cases the Heretor be so denuded that he cannot prejudge the Compryser, by any Deed whereupon Recognition or other Forefaulture may follow, in favours of the Superiour: otherways a Malicious Debitor may, of pur∣pose, do such a Deed to prejudge his Creditor.
To consider if there be a difference betwixt a Disposition and Resig∣nation accepted by the Superiour: And a Comprysing; whereupon no∣thing has followed?
Item. If the presenting of a Signature on a Comprysing to the Exche∣quer, be equivalent to a Resignation in the Superiours hands and ac∣cepting?
Item. Whether a Charge to other Superiours to enter the Compryser be equivalent to a Resignation?
If after a Person is Forefaulted, an Estate should fall to him, as appearand Heir to any person, he being yet on Life; whether would the same pertain to the King or to the next Heir, as if he were Deceased? Seing he is nullus being Forefaulted, and is not in a Capacity to be Ap∣pearand Heir.
If a Forfaulted person have Children that are ante nati; Whether or not will they be prejudged by their Fathers Forfaulture: as to any Capacity or Estate belonging to him? Whether will they succeed to their Grandfather