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Scottish Court of Session Decisions >>
M'Kell v Callender. [1681] Mor 921 (00 December 1681)
URL: http://www.bailii.org/scot/cases/ScotCS/1681/Mor0300921-048.html Cite as:
[1681] Mor 921
Reduction of Alienations made by Bankrupts where the Reducer has done no Diligence.
Subject_3 SECT. V.
Gratuitous Alienations by persons solvent at the time.
M'Kell v. Callender
1681.
December. Case No. No 48.
Found as above.
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In an action of reduction at the instance of Lodovick Callender against Gilbert M'Kell, of a disposition of a tenement of land in Leith, made by John Houston merchant in Leith, to———Houston his oye; the right whereof came in the person of Gibert M'Kell: And the reason of reduction being founded on the act of Parliament 1621, as being fraudulent and inter conjunctas personas, without an onerous cause, in prejudice of Callender, who was a lawful creditor to Houston, granter of the disposition:——The Lords found these allegeances relevant to olid the reason of reduction, That Houston the grandfather had sufficient estate ever and above the tenement disponed, able to pay his debt, or that the disposition to the oye, of the tenement, was for an equivalent onerous cause.
