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Scottish Court of Session Decisions


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URL: http://www.bailii.org/scot/cases/ScotCS/1712/Mor2912569-461.html

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[1712] Mor 12569      

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.

Scot
v.
Ker

Date: 18 June 1712
Case No. No 461.

Click here to view a pdf copy of this documet : PDF Copy

A disposition from one to his brother-in-law, bearing onerous causes, was found reducible at the instance of the disponer's creditors, unless the disponee would either instruct an antecedent onerous cause, or condescend upon an estate in the disponer's person, free of incumbrances, able to answer all the debts.

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

*** This case is No 34. p. 2715, voce Competent.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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