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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Kolston v Weir. [1682] Mor 902 (00 November 1682) URL: http://www.bailii.org/scot/cases/ScotCS/1682/Mor0300902-031.html |
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Subject_1 BANKRUPT.
Subject_2 DIVISION I. Reduction of Alienations made by Bankrupts where the Reducer has done no Diligence.
Subject_3 SECT. III. Alienations in favour of Conjunct and Confident Persons.
Kolston
v.
Weir
1682 .November .
Case No.No 31.
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A merchant at his going abroad, having disponed his lands to his sister, in case he should not return, and delivered the disposition; he, after the disposition, and before sasine thereon, bought a parcel of linen-cloth, to the value of L. 50 Sterling, which by a line he desired his sister to pay; she did not promise payment, but gave him the sasine a-keeping, which she extracted upon his dying abroad. The creditor for the price of the linen raised reduction of the disposition ex capite doli et fraudis.
The Lords reduced the disposition.
The electronic version of the text was provided by the Scottish Council of Law Reporting