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Alexander Walker v Young of Kirkton. [1695] 4 Brn 290 (24 December 1695)
URL: http://www.bailii.org/scot/cases/ScotCS/1695/Brn040290-0639.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Alexander Walker v. Young of Kirkton
Date: 24 December 1695
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Mersington reported Alexander Walker against Young of Kirkton. The father, having reported himself to be dead, and his son having acted as heritor, the country, for several years, looked upon him as such; and, on the faith and trust thereof, Walker lent him money, and affected his rents and goods. But the father, at last appearing out of his lurking holes, competes with the son's creditors, that the goods were originally his, and not his son's, who only acted as factor in his absence; which could not invert or take away his right of dominion and property therein.
The Lords looked upon this as a fraud, and found it relevant to prefer the son's creditors, who lent him during his father's absconding; it being proven that the father then, by the general voice of the country, was holden and reputed dead, and that the son was in possession of these goods; which presumes property till a better right be instructed: so that the creditors were in bona fide to contract with him, and look on him as dominus of these goods till the father again appeared.
