Scottish Court of Session Decisions

Subject_1 COMPETENT.
Subject_2 SECT. XV.

Bankruptcy, how Proponable.

Bowers
v.
Cowper

Date: 16 July 1671
Case No. No 68.

A disposition to a conjunct and confident person, against the act of Parliament 1621, was found null by exception, it being no heritable right requiring the production of the rights of authors.

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Bowers pursues the Lady Cowper, as vitious intromitter with the Lord Cowper's goods and gear, for payment of a debt of his; who alleged absolvitor, because she had a disposition from her husband of his moveables.—It was replied, That the disposition being between two most conjunct persons, without a cause onerous, was null by exception by the act of Parliament 1621, against fraudulent dispositions.—It was answered, That the disposition behoved at least to purge the vitious intromission, and did stand ay and while it was redeemed; for notwithstanding of the tenor of the said act, the Lords did not sustain that nullity by way of exception or reply.

The Lords found the nullity competent by way of exception, it being no heritable right, requiring the production of authors' rights; but in respect of this colourable title, restricted the vitious intromission to the single value.

Fol. Dic. v. 1. p. 172. Stair, v. 1. p. 734.