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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Nisbet v Baillie. [1738] Mor 13398 (4 January 1738)
URL: http://www.bailii.org/scot/cases/ScotCS/1738/Mor3113398-027.html
Cite as: [1738] Mor 13398

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[1738] Mor 13398      

Subject_1 RECOGNITION.

Nisbet
v.
Baillie

Date: 4 January 1738
Case No. No 27.

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A gift of recognition obtained for the behoof of the ward-vassal's heir, was found ineffectual against a real creditor of the ward vassal, whose debt was prior to the ground of the recognition, in regard the recognition appeared to have been incurred frauduently, of set purpose and contrivance to disappoint that creditor, although no fraud appeared upon the part of the superior, who made the gift.

Kilkerran, (Recognition.) No 1. p. 477.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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