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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Ross of Pitcalny v Ross of Ballnagowan. [1740] 2 Elchies 215 (22 February 1740) URL: http://www.bailii.org/scot/cases/ScotCS/1740/Elchies020215-009.html |
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Subject_1 FRAUD.
Date: Ross of Pitcalny
v.
Ross of Ballnagowan
22 February 1740
Case No.No. 9.
Click here to view a pdf copy of this documet : PDF Copy
In order to reduce a disposition 30 years old granted by a man many years dead, and whereon possession has been had ever since, the matter was not admitted to probation without a special condescendence on particular instances of the granter's weakness. The interlocutor was, that the qualifications of fraud and circumvention, and particularly of the facility and weakness of the granter condescended on, are not sufficient for allowing him a proof even before answer of the said qualifications, after so great a distance of time, and after the death of the granter, and of all the other parties concerned in the transactions now quarrelled.
The electronic version of the text was provided by the Scottish Council of Law Reporting
