Scottish Court of Session Decisions

Subject_1 PROOF.
Subject_2 DIVISION IV.

Private Deed, how far probative.
Subject_3 SECT. I.

If probative of its Onerous Cause against Creditors and Donatars of Escheat.

Wilson
v.
Lord Saline

Date: 24 January 1706
Case No. No 456.

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A second disposition of the same subject to a conjunct and confident person, first completed by infeftment, bearing onerous causes in general, proves not its narrative against the first disponee; and a bond for a large sum of money of the same date with the disposition, but not referring to it, found no instruction of the onerous cause; for both, probably, were meant as donations; and if the first disponee was preferable, the second disponee could have it in his power to prefer himself ex post facto, by giving a valuable consideration, which he would do by discharging the bond.

Fol. Dic. v. 2. p. 253.

*** This case is No 67. p. 942, voce Bankrupt.