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[1676] Mor 12560      

Subject_1 PROOF.
Subject_2 DIVISION IV.

Private Deed, how far probative.
Subject_3 SECT. I.

If probative of its Onerous Cause against Creditors and Donatars of Escheat.

Stanfield
v.
Brown

Date: 19 January 1676
Case No. No 449.

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A liferent infeftment of his whole estate, granted by a bankrupt to his wife during the marriage, bearing, “in satisfaction of an anterior contract of marriage, which the husband had cancelled,” was not found probative of its onerous cause; and therefore reducible in so far as exorbitant.

Fol. Dic. v. 2. p. 252. Stair.

*** This case is No 73. p. 954. voce Bankrupt.

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


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URL: http://www.bailii.org/scot/cases/ScotCS/1676/Mor2912560-449.html