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Sir Philip Anstruther v the Children of Innergelly. [1688] Mor 970 (00 February 1688)
URL: http://www.bailii.org/scot/cases/ScotCS/1688/Mor0300970-084.html Cite as:
[1688] Mor 970
Reduction of Alienations made by Bankrupts where the Reducer has done no Diligence.
Subject_3 SECT. XI.
The Onerosity of Provisions in Favour of Children.
Sir Philip Anstruther v. the Children of Innergelly
1688.
February. Case No. No 84.
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Innergelly having given bonds of provision to his children, whereon infeftment followed after his death, the Lords reduced the bonds upon the same reason urged for Robertson's [creditors against his] bairns, (supra No 83.) the bonds not being notisied by some public deed in the father's time: Though assignations intimate to the debtor would sustain against posterior debts; and here the creditors were anterior, and the father no merchant, but a landed gentleman; and it was not respected for the children, that the father, the time of granting the bond, was no bankrupt, though that is sustained for strangers, supra No 83.
