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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Creditors of Maxwell v Grierson. [1737] 1 Elchies 158 (21 June 1737)
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Subject_1 FRAUD.
Creditors of Maxwell
v.
Grierson
1737 ,June 21 .
Case No.No. 6.
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The Lords adhered to the Ordinary's interlocutor preferring the relict on her infeftment, and finding it not reducible on the act 1621, because though her husband Edward's infeftment was gratuitous, yet it was to an apparent-heir, and with a power to burden and
so not in prejudice of creditors; and indeed had they found it otherwise, that would have in effect made all the father's personal debts real, at least would have preferred them to all the successors of his son and his heirs, which is the same thing.
The electronic version of the text was provided by the Scottish Council of Law Reporting