Reduction of Alienations made by Bankrupts where the Reducer has done no Diligence.
Subject_3 SECT. XII.
The onerosity of Provisions made in contracts of marriage.
Marion Gray v. Her Husband's Son and Heir, and Creditors
Date: 10 February 1674 Case No. No 92.
A man by contract of marriage provided his spouse in the liferent of all he had at the time, and the liferent of half the conquest. Good against Creditors, the lady, by the same contract, having disponed her estate to her husband.
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Marion Gray by her contract of marriage dispones some lands in Glasgow, whereof she was heretrix, to her husband, who provided her to the liferent of all the means he had, and to the liferent of the half of the conquest; whereupon she pursued his heir for implement, and after decreet and horning, pursues an adjudication of the half of the liferent of the tenements acquired. The creditors alleged that this contract was latent and fraudulent, and could not be sustained in the case of a Merchant against Merchants who had continued trade with him. It was answered, That it was an ordinary clause, and for a very onerous cause, anterior to the contracting of the debt; and none of the debts could be contracted for acquiring of the lands, because they are long after.
The Lords sustained the contract and adjudication.
