Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Bruce v. Low
Date: 19 February 1697
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In a reduction betwixt Bruce and Low, on the Act of Parliament 1621, it was alleged,—You cannot quarrel my infeftment, because you were not a creditor till long after.
Answered,—In several cases, posterior creditors have been allowed to reduce; as 9th January 1673, Street; 2d July and 4th December 1673, Reid. 2do. You must be liable super dolo; because, though you stood infeft in the fee of your father's estate, yet you communed with me when I came in suit of your sister, and suffered your father to contract for the tocher, and signed as witness to the contract, and now refuse to pay your sister's portion, because you was in the fee before the said contract.
The Lords assoilyied from the reduction, unless he would say, that he had, by some positive act, (beside his concealment,) induced him to enter into the said contract, to make him believe the father was still fiar and undenuded; especially seeing he had reserved his own liferent, out of which the tocher might have been paid.
