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Scottish Court of Session Decisions >>
M'Kenzie v Mr. Adam Campbell. [1696] Mor 16099 (10 December 1696)
URL: http://www.bailii.org/scot/cases/ScotCS/1696/Mor3716099-045.html Cite as:
[1696] Mor 16099
A personal creditor has a sufficient title to reduce on the act of Parliament 1621.
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George M'Kenzie of Rosehaugh pursues Mr. Adam Campbell of Gargunnock, and other creditors of Robert Cunningham of Achinharvie, being a reduction on the act of Parliament 1621. The objection was against the pursuer's title, that being only a personal creditor he had no interest to call for reducing of real rights and infeftments, seeing nothing can quarrel or take away a real right, but what is homogeneous, and of the same nature with it. Answered, The act of Parliament 1621, allows any creditor to reduce upon fraud; and November, 1669, the Creditors of Balmerino, (though only personal) were permitted to pursue a reduction ex capite lecti against the Lady Cowper, of her disposition, though it was completed and made real by infeftment, No. 25. p. 3203. See it also in Sir G. M'Kenzie's observations on the said act. The Lords sustained the title, and remembered that they had done so in the reduction ex capite fraudis pursued by the personal creditors of Muirhouse against the real, though in other competitions none but real creditors are allowed to quarrel and reduce real rights.
