Effect of Fraud - of Force and Fear - of Simulation of a Gift of Escheat - of Spuilzie - of Pactum contra Fidem - of Minority - of Reduction ex capite lecti - of Donatio inter Virum et Uxorem - of Payment to an Adjudger.
Thomson v. Douglas, Heron, & Company
Date: 15 November 1786 Case No. No 106.
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A Party having acquired a right to lands under trust, but fraudulently omitting the trust in his infeftment, his adjudging creditors were thought liable to the objection which lay against him, their rights not being completed by infeftment.
N. B. This point, though stated in the report, No 52. p. 10229, was little discussed, as the fund was said to be exhausted by preferable debts; and the Court did not mean to lay down the rule in general, that adjudgers must take tantum et tale.
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REAL.