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Subject_1 FRAUD.
Date: Sir Archibald Grant
v.
Creditors of Grant of Tillefour
9 November 1748
Case No.No. 19.
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A Person insolvent having privately employed a notary to write three heritable bonds to his favourite creditors, and caused him sit up all night writing them, and enjoined him secrecy, and infeft the creditors privately, and registrated the sasines about the end of the 60 days in the general register, omitting one who was his greatest creditor, with whom he kept up communing for 18 months, and then gave him an heritable bond whereon he was infeft; that creditor pursued reduction of the three heritable bonds and sasines, 1st, for that they were to more persons than one; 2do, on the act 1621; 3tio, on the act 1696. The President thought there was some weight both in the first reason and in the first branch of the act 1621, but the Court disregarded them; but we unanimously agreed to reduce on the common law, on actual fraud, to the effect of bringing them all in pari passu. (See Dict. No. 71. p. 949.)
The electronic version of the text was provided by the Scottish Council of Law Reporting