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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Hamilton of Cross v a Viscount of Frendraught. [1669] 1 Brn 588 (22 June 1669)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.
Date: Hamilton of Cross
v.
a Viscount of Frendraught
22 June 1669 Click here to view a pdf copy of this documet : PDF Copy
Hamilton of Cross having obtained a gift of the liferent escheat of Cowbardie, as likewise a disposition of his lands, which was posterior to a disposition of a part thereof, made to the Viscount of Frendraught's author, and insisting as donatar to the liferent escheat, which fell before Frendraught's right was made by the common debtor:—
It was alleged, That the gift was simulate, as being purchased by the rebel's means; in so far as he had allowed the sums of money bestowed for the same, in the first end of the price of the lands disponed.
It was replied, That albeit it was so, yet it was lawful to Hamilton, it not being to the behoof of the rebel, but for his own security.
The Lords found the allegeance relevant,—that Hamilton did know of the prior right before he did bargain with the common author,—to be proven by his oath; which they thought sufficient to infer collusion, and that the gift was simulate.
Page 55.
The electronic version of the text was provided by the Scottish Council of Law Reporting