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Scottish Court of Session Decisions >>
Creditors of Mousewell v Children. [1677] Mor 4102 (6 January 1677)
URL: http://www.bailii.org/scot/cases/ScotCS/1677/Mor1004102-011.html
Faculties when effectually Exercised. - Effect on Heirs. - Effect on Singular Successors. - Competition of Creditors claiming under Reserved Faculties.
Creditors of Mousewell v. Children
Date: 6 January 1677 Case No. No 11.
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One having disponed his estate to his eldest son, reserving a faculty to affect or burden the same with a certain sum for provisions to his children, the son's creditors did diligence against the estate, and were infeft upon their apprisings. Thereafter the father exerced this faculty in favours of the children, by granting them heritable bonds referring to the faculty, upon which they were also infeft. In a competition The Lords preferred the children in virtue of the above faculty, though the creditors' infeftments were prior. See No 13. p. 4104.
