Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by Alexander Tait, Clerk Of Session, One Of The Reporters For The Faculty.

Alison
v.
Alisons

1771.

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Colin Alison, wright, embarrassed in his circumstances, put 40 guineas into the hands of his brother, Thomas Alison, glazier, to purchase for him a small tenement in Corri's Close: the rights were taken in Thomas's name, but no declaration of trust was given by Thomas. Thomas died. In an action at Colin's instance against Thomas's wife and daughter for establishing the trust, and to denude, the Lord Elliock, Ordinary, 31st January 1771, found no sufficient evidence of the alleged trust. The Lords, on advising a petition and answers, found it not competent to prove the trust by witnesses, 21st June 1771. But, on a second bill and answers, they found the trust proven by certain facts and circumstances. The trustee was dead.

In this case, it was pleaded, inter alia, that the Act 1696 applies only to persons who have granted disposition ex facie absolute, without taking aback-bond or declaration of trust in writing. In this case, Colin granted no disposition to Thomas : all he did, was to put money into Thomas's hands to purchase a tenement for him, which Thomas did ; but, by concert between them, on account of Colin's creditors, took the rights in his own name. This was not the case under the statute.