Scottish Court of Session Decisions

Subject_1 FRAUD.

Ranking of Burd's Creditors, &c

1752, June 17.
Case No. No. 28.

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In the competition which was between the parish of Cranston, Mrs Seaton, and William Robertson, we found, that Edward Burd's disposition of his lands to Mrs Seaton 15th September 1739, and sasine following on it the same day, and which was qualified by her back-bond dated 24th September 1739, that the same was for security of certain former debts and of a bond then granted, (that is the said 24th September) for L.70 sterling then lent by Mrs Seaton, and of another bond of the same date to John Young of L.106 sterling bearing to be the balance of accounts,—could not be sustained as a security for the L.70 sterling in terms of the act 1696, in respect the debt was contracted after the date of the sasine, and was void and null as to the L.106 and other anterior debts, in respect that he was notour bankrupt in terms of the said act within 60 days.