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Scottish Court of Session Decisions >>
Nicol Langtoun v Robert Scot. [1670] Mor 11600 (17 December 1670)
URL: http://www.bailii.org/scot/cases/ScotCS/1670/Mor2711600-261.html Cite as:
[1670] Mor 11600
Simulation of a gift of liferent inferred from the rebel's obtaining the gift blank in the donatar's name.
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John Graham of Gillesby having set a tack of his lands of Graystoneflat to Nicol Langtoun, and being at that time at the horn, Robert Scot obtains a gift of his escheat and liferent from Annandale his superior, and thereupon obtains general and special declarator, decerning Langtoun to pay the duties to him as donatar. Langtoun suspends, and raises reduction on this reason, that the gift was simulate to the behoof of Graham the rebel, procured by his own means and moyen: And it being answered by Scot, That he being a lawful creditor of the rebel's, might lawfully accept and make use of this gift for his own security, albeit the rebel had procured the same; and Scot the donatar having deponed anent the simulation of the gift, and that he had it blank in the donatar's name, and that he did fill up Scot's name, and delivered it to him;
The Lords found the oath to prove the simulation of the gift; and that it having been in the rebel's own hands blank in the donatar's name, it was equivalent to an assignation from the rebel; and that Scot accepting of it so from him, could not justly or bona fide make use of it, even for security of a just debt in prejudice of the tacksman, who had before gotten his tack from the rebel.
