Scottish Court of Session Decisions

Subject_1 PERSONAL and REAL.
Subject_2 SECT. VII.

Effect of Fraud - of Force and Fear - of Simulation of a Gift of Escheat - of Spuilzie - of Pactum contra Fidem - of Minority - of Reduction ex capite lecti - of Donatio inter Virum et Uxorem - of Payment to an Adjudger.

Earl of Tullibardine
v.
Dalziell

Date: 28 February 1617
Case No. No 89.

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In an action between the Earl of Tullibardine and James Dalziell, the Lords found, that the exception of simulation of a gift of escheat, taken upon the expenses of the rebel, could not be opponed against the assignee, who being a creditor, had acquired the same to his own behalf, except it were proven that the assignation were also simulate.

Fol. Dic. v. 2. p. 70. Kerse, MS. fol. 543.