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In a reduction at the instance of creditors, of a disposition granted by the common debtor in favours of his sister and brother-in-law, of his house and shop, upon this reason, That the same was simulate, seeing it was made retenta possessione, he having continued in the possession for two years, keeping open shop, and continuing his business as formerly; the Lords, in respect that the sasine upon the tenement was not taken for 18 months after the date of the disposition, and that the common debtor continued to possess, and the same being all the estate he had till he broke, reduced the disposition as simulate, ad hunc effectum, to bring in all the creditors pari passu according to their diligence. In this case the Lords refused to reduce upon the act 1621, because the pursuers had done no diligence, and the defender offered to instruct the onerous cause of the disposition.
