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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Halyburton v Scott. [1671] 1 Brn 546 (17 December 1671)
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Cite as: [1671] 1 Brn 546
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[1671] 1 Brn 546
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN NISBET OF DIRLETON.
Date: Halyburton
v.
Scott
17 December 1671 Click here to view a pdf copy of this documet : PDF Copy
A provision, granted by a father to a daughter for love and favour, being quarrelled by a creditor upon the Act of Parliament 1621:
It was answered, That the father, the time of the granting of the said right, had an opulent estate beside, out of which the creditor might have been satisfied. And the Lords, before answer, having ordained that a trial should be taken of the defunct's estate; and witnesses being adduced to that purpose, it was found, That the defence was not proven. It appears that the defence was not relevant: and that a creditor is not holden to debate whether his debtor had a competent estate to satify his debt aliunde; and that debtors can grant no right without an onerous cause, until the debt be satisfied.
Haystoun, Clerk. Page 63.
The electronic version of the text was provided by the Scottish Council of Law Reporting