Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Charles Mackeuen v. Colin Campbell, SheriffClerk of Argylshire
Date: 2 February 1694
Click here to view a pdf copy of this documet : PDF Copy
The Lords found, where one had made two dispositions, he who had the second, could not reduce the first on the Act of Parliament 1621; alleging that he was preferable, being a stranger, and the first was inter conjunctas personas, and so presumed to be without an onerous cause, unless it were aliunde proven than by the narrative of the disposition; seeing the first could not be said to be done in defraud of the second right, which was not then in being, and the Act of Parliament is only competent to an anterior, and not to a posterior creditor. And the decisions, 12th February 1669, Pot; 2d July 1673, Street; 4th December 1673, Ried; and 24th January 1677, Blair,—were in the case of fraud, simulation, and latency: which could not be so qualified here.
