Reduction of Alienations made by Bankrupts where the Reducer has done no Diligence.
Subject_3 SECT. VI.
What is to be considered such a separate Estate as will bar Reduction of a Gratuitous Alienation.
Ludovick Callander and his Spouse v. Gilbert M'Kell
Date: 10 November 1680 Case No. No 57.
The Lords required a visible estate in heritable rights, not in personal bonds or money. This afterwards altered, and a visible estate quomodocunque only required.
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The Lords reduced the disposition to the daughter on the act of Parliament 1621, unless they proved that the father disponer, left a visible estate, not in personal bonds or money, (for that may be daily altered,) but in heritable rights, sufficient for payment of the pursuer's debt libelled, which was before found betwixt Mouswell and his Creditors, No 69. p. 934.—But the Lords altered this afterwards, and only required a visible estate quomodocunque. See the MS. 4 to A. 2. p. 59.
