Scottish Court of Session Decisions

Subject_1 PROOF.
Subject_2 DIVISION IV.

Private Deed, how far probative.
Subject_3 SECT. I.

If probative of its Onerous Cause against Creditors and Donatars of Escheat.

John Sinclair
v.
George Dickson

Date: 6 December 1679
Case No. No 452.

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In a reduction upon the act of Parliament 1621, the Lords found a cousingerman was not a conjunct person, so as to oblige him to prove the onerous cause of his disposition, otherwise than by his own narrative. The Lords thought an apparent heir of tailzie and provision, by accepting a disposition, may be liable as well as successor titulo lucrativo post contractum debitum, but it was not decided, and it deserves consideration.

Fol. Dic. v. 2. p. 254. Fountainhall, MS.