Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
M'Kenzie of Rosehaugh and Creditors of Cunyngham of Auchinharvey v. Adam Campbell of Gargunnock
Date: 10 February 1697
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[See the prior part of the Report of this Case, Dictionary, page 16099.]
Halcraig reported M'Kenzie of Rosehaugh, and other Creditors of Cunyngham of Auchinharvey, against Mr Adam Campbell of Gargunnock, (mentioned 10th December 1696,) for reducing a disposition by Auchinharvey to him, as being inter conjunctas personas, (brothers-in-law,) without a full adequate price, and necessary preceding cause.
Answered,—This does not fall under the compass of the Act of Parliament 1621; for the disposition is granted when he was in full capacity, there being no diligence then against him at the instance of his creditors, to disable him. And as to the price, it is so competent, that he is content to quit, if any will redeem him. And as to the words of the Act of Parliament, “necessary cause this must not be so interpreted as to presuppose a prior antecedent cause, on which he might have been compelled to grant the disposition; but only that it was so far from being gratuitous and voluntary, that it was for payment of his just and lawful debts.
The Lords found his disposition did not fall under that clause of the Act of Parliament.
