Scottish Court of Session Decisions

Subject_1 PACTUM ILLICITUM.

Corsan
v.
M'Gowan of Meikleknox

1736, Jan. 15.
Case No. No. 6.

Click here to view a pdf copy of this documet : PDF Copy

The Lords adhered, and I thought his being agent was per se sufficient to cut off the eases, not only because such purchases by an ordinary agent against his client are contra bonos mores, but also upon the L. 34, § ult D. Dt empt. Vend. But my difficulty was that he had in effect his client Corsan's consent by the disposition and ratification, and till that was reduced, as in trust, or as fraudulent, the purchase of the debt could not be reduced; but that difficulty was removed by M'Gowan's lawyers owning that that was under backbond. But we remitted to the Ordinary to hear whether M'Gowan could take the benefit of the eases in support of other debts that fell under the inhibition, 15th Janury 1736. The Lords (3d February) adhered to the Ordinary's interlocutor finding that the possession must be ascribed to Haircleueh's adjudication.