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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Oliphant v Sir James Cockburn. [1686] 2 Brn 93 (00 March 1686) URL: http://www.bailii.org/scot/cases/ScotCS/1686/Brn020093-0241.html Cite as: [1686] 2 Brn 93 |
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[1686] 2 Brn 93
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
Oliphant
v.
Sir James Cockburn
1686 .March .Click here to view a pdf copy of this documet : PDF Copy
A reduction, upon the Act 1621, of a disposition, by Mr Laurence Oliphant, advocate, of his whole estate to his near relations, and conjunct persons, for relieving them of cautionary, being raised, as done to conjunct persons, when he was in lecto, where creditors could have no execution against him, and he being curator to the pursuers, having the grounds of their debt in his own hands;—Answered, There was no diligence against Mr Laurence, nor was his condition suspected by any, and the pursuer's debt was not preferable or privileged as a pupil's
debt; nor was it payable till after Mr Laurence's death. The Lords first assoilyied from the reduction; but, upon a new hearing, they reduced the disposition, upon the specialty of the pursuer's having been pupil to Mr Laurence, who died ante redditas rationes. Page 31, No. 145.
The electronic version of the text was provided by the Scottish Council of Law Reporting