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Scottish Court of Session Decisions >>
Campbell v Campbell. [1673] Mor 12559 (28 November 1673)
URL: http://www.bailii.org/scot/cases/ScotCS/1673/Mor2912559-447.html Cite as:
[1673] Mor 12559
If probative of its Onerous Cause against Creditors and Donatars of Escheat.
Campbell v. Campbell
Date: 28 November 1673 Case No. No 447.
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A disposition by a bankrupt to his brother, bearing to be for security of a sum instantly borrowed, cannot be taken away but by the disponee's oath. The Lords considered, that this was not the same case with that of a disposition, bearing onerous causes in general, which must be otherwise instructed than by the disposition.
Fol. Dic. v. 2. p. 251. Gosford.
*** This case is No 14. p. 9396. voce Oath of Party.
