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.

Lord Fraser
v.
Philorth

Date: 23 July 1662
Case No. No 93.

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It being pleaded, That payment made by the debtor is not sufficient to extinguish an infeftment upon an apprising contra singularem successorem; and that intromission with the mails and duties of the lands apprised has this effect by statute only, not by common law; this was repelled.

Fol. Dic. v. 2. p. 71. Stair.

*** This case is No 62. p. 938. voce Bankrupt.