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.

Dutchess of Buccleugh
v.
Sinclair and Doual

1728. December.
Case No. No 464.

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A factor who had run in considerable arrears, granting a disposition to particular subjects for his constituent's security, and the same being challenged upon the act 1621 by his other creditors, as being a deed betwixt confident persons, and therefore not probative of its onerous cause; the Lords assoilzied from the reduction, because, in the eye of law, a constituent is not a confident person with regard to his factor, though a factor may be with regard to his constituent; besides, there was a clear claim instructed against the factor upon his factory, viz. the bygone rents, with which he did, or ought to have intromitted, unless it had been taken off by a proof that the same were counted for and cleared. See Appendix.

Fol. Dic. v. 2. p. 254.