Reduction of Alienations made by Bankrupts where the Reducer has done no Diligence.
Subject_3 SECT. V.
Gratuitous Alienations by persons solvent at the time.
Shewel v. Auchterlony
1687.
February. Case No. No 49.
Click here to view a pdf copy of this documet : PDF Copy
Debated, if gratification by a debtor not bankrupt, but oberatus, and under diligence by horning at a creditor's instance, could be sustained, where the debtor had a sufficient estate, to pay all his debts, after the gratification, as is sustained against the reason, founded on the first part of the act 1621. In Lanton's case, (see No 9. p. 884. et infra in Div. 2. Sec. 5.) oberatus was found sufficient.
