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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Cramond v Bain and Henry. [1737] 1 Elchies 158 (25 February 1737) URL: http://www.bailii.org/scot/cases/ScotCS/1737/Elchies010158-005.html |
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Subject_1 FRAUD.
Cramond
v.
Bain and Henry
1737 ,Feb .25 .
Case No.No. 5.
Click here to view a pdf copy of this documet : PDF Copy
The question being, Whether a disposition omnium bonornm to a creditor in payment be reducible though the goods were really within the debt, and though the pursuer could not subsume on the act 1621 or 1696? and 2dly, in quantum, Whether only to bring in the creditors proportionally or in toto?—the Lords found the reason of reduction relevant, but only ad effectum to bring in the creditors pari passu, in respect it is not a statutory fraud but upon the common law,—and this agreeable to the former decisions in 1678; and they thought the narrative of the disposition may be astructed, and therefore remitted that point to the Ordinary.
The electronic version of the text was provided by the Scottish Council of Law Reporting
