Scottish Court of Session Decisions

Subject_1 COMPETENT.
Subject_2 SECT. XV.

Bankruptcy, how Proponable.

Lord Loure
v.
Lady Craig

Date: 22 July 1664
Case No. No 66.

Found as above.

Click here to view a pdf copy of this documet : PDF Copy

Lord Loure being infeft in the estate of Craig, pursues for mails and duties. Compearance is made for the Lady Craig, liferenter, who alleges she stands infeft, and in possession of the lands.—The pursuer answered, That any infeftment, as to that part thereof that was not for fulfilling of the contract of marriage, was fraudulent, and in prejudice of lawful creditors, and so null by exception, conform to the act of Parliament 1621.—It was answered for the Lady, They opponed the Lords' daily practice ever since the said act, that infeftments were never taken away thereupon by exception or reply.

Which the Lords found relevant.

Fol. Dic. v. 1. p. 172. Stair, v. 1. p. 222.