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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Fisher v Campbells. [1736] 1 Elchies 158 (19 November 1736) URL: http://www.bailii.org/scot/cases/ScotCS/1736/Elchies010158-004.html Cite as: [1736] 1 Elchies 158 |
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[1736] 1 Elchies 158
Subject_1 FRAUD.
Fisher
v.
Campbells
1736 ,Nov .19 .
Case No.No. 4.
Click here to view a pdf copy of this documet : PDF Copy
The Lords adhered simply as to Asknish and what determined them to be unanimous was, that the deed was gratuitous, and therefore the wife, whether she was accessory to the fraud or not, she should not be benefited by her husband's fraud. But they were not clear that it was proved that the wife was in the knowledge of the fraud. They also adhered as to Malcolm Campbell, in respect it appeared the obligement was not delivered by Kirnan, one of the cautioners, till after Malcolm was dead;—but they did not think it relevant that Kirnan was discharged;—and the former decision in Sir Henry Innes's case was misrepresented as to that point.
The electronic version of the text was provided by the Scottish Council of Law Reporting
