Scottish Court of Session Decisions

Subject_1 FRAUD.

Sir Archibald Grant
v.
Creditors of Grant

1748, Nov. 9.
Case No. No. 19.

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Tullifour finding his debts exceeded his estate, and being due a great claim, he called a notary and without even acquainting his other creditors caused him make out three heritable bonds to them, and caused him sit up all night to write them, and enjoined him to keep them secret, and towards the end of the 60 days registrated them, and meantime continued communing with Sir Archibald Grant, and in about 18 months gave him an herible bond. Sir Archibald now pursues reduction of these infeftments on the acts 1621 and 1696, and upon the common law, and also objected to the infeftments to more persons in one bond. The President seemed to think there might be something in that objection as to the sasine, and likewise something in the first part of the act 1621, but the rest of us thought there was little in either or in the act 1696, but we all agreed in reducing upon the head of actual fraud to the effect of bringing all in pari passu.