If probative of its Onerous Cause against Creditors and Donatars of Escheat.
Sinclair v. Dickson
Date: 22 June 1680 Case No. No 454.
In a reduction of a disposition, as being in defraud of creditors, the purchaser's heir was appointed to instruct the onerous cause of the disposition, so far as he could. The purchaser had been cousin once removed to the seller.
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John Sinclair pursues reduction of a disposition made by Dickson of Buchtrig to umquhile Mr Robert Dickson, Advocate, as being without a cause onerous, in defraud of him a lawful prior creditor. The defender alleged, Absolvitor, because the disposition bears to be for sums of money, and causes onerous, which sufficiently instructs, not being conjunct and confident persons, Mr Robert being cousin-german only once removed to Buchtrig. It was answered, That the narrative here is not only for sums of money, but for other causes and considerations, which is always understood to be for love and favour, and not an adequate cause onerous, even among strangers, much more in this case, where Buchtrig had no children, and disponed his whole estate to Mr Robert, who was as near to him as any, and the only man like to preserve and increase it of his kin; and now Mr Robert being dead, and that his oath cannot be had for instructing of the true sums paid, Mr George Dickson, as his successor, ought to instruct the narrative.
The Lords ordained Mr George to instruct so far as he could the cause onerous, reserving to themselves how far it should operate.
