Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. Collected By JAMES BURNETT, LORD MONBODDO.

-
v.
-

Date: 2 December 1761

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

A Bankrupt made a disposition of his estate to a trustee for behoof of his son, but the disposition was simple and not qualified with any trust, which was declared only by a back-bond, and was for some years latent, till at last it was declared and made public. The creditors of the father now insist in a reduction of the disposition upon the Act 1621. The defence was, the negative prescription; and the question was, From what time the prescription run, whether from the date of the disposition to the trustee, or from the time of the trust being made public?—And the Lords unanimously found that it run from the first period, because in no case is it a good defence against prescription, that the grounds of challenge did not come sooner to knowledge; and in this case the creditors were bound to look after every alienation made by the debtor, and inquire for what cause it was granted.