Reduction of Alienations made by Bankrupts where the Reducer has done no Diligence.
Subject_3 SECT. XV.
Of Alienations to singular Successors.
Campbell and Riddoch v. Stewart
Date: 16 July 1675 Case No. No 115.
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One having disponed lands to his third son, in the disponee's contract of marriage, and thereafter disponed the same lands to his second son, with the burden of debts; in a competition betwixt the first disponee and an onerous purchaser, from the second disponee, both craving adjudication in implement of their dispositions; the Lords found the long latency of the first disposition sufficient to prefer the onerous purchaser who had bought bona fide, thus far, to make up his just and true interest, but not to give him any advantage by the bargain; and therefore adjudged in his favours, under reversion to the first disponee, upon payment of what was truly wanting to the onerous purchaser. See the particulars of this case; voce Adjudication, p. 54.
