Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Mr Charles Mackinnon v. Betson of Pitkenny and the other Creditors of John Macky of Donloch
1693.
February10,and
November9.
Click here to view a pdf copy of this documet : PDF Copy
The Lords sustained the tack set by a husband to his wife, though inter conjunctas personas; she proving that her husband, at that time, had a sufficient visible estate for satisfying his debts aliunde.
In this case a decision was cited, Dury, 25th March 1628, Blackburn.
Page 558.
November 9.—Betson of Pitkenny, and the other creditors of John Macky of Donloch, mentioned 10th February 1693, gave in a bill against Mr Charles Mackinnon, assignee by Macky's relict, reclaiming against an interlocutor sustaining her additional jointure against the creditors' reduction on the Act of Parliament 1621, as in defraud; in respect of this answer, that, at the time of setting that tack, he was responsal, and able to have paid all his debts. Which the Lords sustained and admitted to probation; seeing, by debts afterwards contracted, he became insolvent, and that it ought to be a visible estate, not only at the time of the tack, but also at his death; especially seeing donationes, stante matrimonio, were unfavourable, and revokable, not only by express and explicit deeds, but even by tacit ones.
And, therefore, the Lords ordained that point to be farther heard in their own presence, if the contracting posterior debts, so as to render him insolvent, would amount to a revocation, though he had an estate sufficient to bear all at the time of his giving that additional provision to his wife.
