Scottish Court of Session Decisions

Subject_1 FRAUD.

Fisher
v.
Campbells

1736, Nov. 19.
Case No. No. 4.

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The Lords adhered simply as to Asknish and what determined them to be unanimous was, that the deed was gratuitous, and therefore the wife, whether she was accessory to the fraud or not, she should not be benefited by her husband's fraud. But they were not clear that it was proved that the wife was in the knowledge of the fraud. They also adhered as to Malcolm Campbell, in respect it appeared the obligement was not delivered by Kirnan, one of the cautioners, till after Malcolm was dead;—but they did not think it relevant that Kirnan was discharged;—and the former decision in Sir Henry Innes's case was misrepresented as to that point.