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Scottish Court of Session Decisions >>
Edmiston of Coldoch v John Shaw. [1693] 4 Brn 51 (19 January 1693)
URL: http://www.bailii.org/scot/cases/ScotCS/1693/Brn040051-0117.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Edmiston of Coldoch v. John Shaw
Date: 19 January 1693
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Edmiston of Coldoch against Mr. John Shaw, minister of the gospel at Kinnaird. The Lords having read the disposition, they found it to be of the nature of a tailyie and destination of his succession, bearing only love and favour and other just considerations, in the narrative, and a reversion if he had any children; and therefore they reduced it in so far as it stood in the way of this bond, though it was gratuitous and subsequent, unless he would prove, that the granter had another visible estate at the time of this disposition; and the Lords did not think it enough that he offered to prove he was holden and reputed solvent at the time.
