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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Monro of Culcairn v Frazer of Torbreck. [1600] 5 Brn 385 (00 January 1600)
URL: http://www.bailii.org/scot/cases/ScotCS/1600/Brn050385-0317.html
Cite as: [1600] 5 Brn 385
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[1600] 5 Brn 385
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.
Subject_2 BANKRUPT.
Monro of Culcairn
v.
Frazer of Torbreck
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The law with regard to the reduction of trust-rights is now fixed by the decisions of the Court. The latest is Monro of Culcairn against Frazer of Torbreck, where it was decided, that a trust for behoof of the granter’s whole creditors might indeed be challenged on the Act 1696, but could not on the Act 1621, which goes only to gratuitous deeds made to the disappointment of creditors, and never can be extended to deeds granted in their favour; so that, now, such a trust-right can only be challenged on the Act 1696, or upon grounds of fraud at common law.
The electronic version of the text was provided by the Scottish Council of Law Reporting