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Scottish Court of Session Decisions >>
Countess of Rothes v French. [1698] Mor 10288 (14 December 1698)
URL: http://www.bailii.org/scot/cases/ScotCS/1698/Mor2410288-101.html Cite as:
[1698] Mor 10288
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.
Countess of Rothes v. French
Date: 14 December 1698 Case No. No 101.
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In a competition betwixt the Countess of Rothes and David French, creditors on the estate of Edmiston of Carden, the Lords found a clause in a disposition, bearing, that it was given and accepted with the burden of a sum to be paid to another, is not merely personal, but real against any who succeed in that right; as also, found, that an apparent heir buying in a comprising on his predecessor's estate, it is not only redeemable from him within the ten years, in so far as it is not extinct by intromission, conform to the 62d act of Parliament 1661, but likewise the reversion operates against the apparent heir's creditors and singular successors, who have adjudged his right; for whom it was alleged, The act run only against the apparent heir himself; but the Lords repelled this, and found it a real exception. They did not here determine a quo tempore the ten years began to run, whether from the date of the acquisition, or the infeftment or other' deed, making the conveyance public, else it might be kept up latent till the ten years were run, though this was touched in the debate.
