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Lord Rankeillor v Dinmuir and Others. [1706] 4 Brn 643 (23 February 1706)
URL: http://www.bailii.org/scot/cases/ScotCS/1706/Brn040643-0136.html Cite as:
[1706] 4 Brn 643
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL. Subject_2 I sat in the Outer-House this week.
Lord Rankeillor v. Dinmuir and Others
Date: 23 February 1706
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Lord Rankeillor, as executor-creditor to Sir John Ayton, against Dinmuir and Others, his debtors. Alleged,—They could not pay, because the debts were assigned to the children of the second marriage, and the assignations intimated; and who compeared and craved preference. Alleged,—The assignations were gratuitous, and no better than donations mortis causa, and can never compete with lawful creditors. Answered,—They were good, and cannot be reduced on the Act of Parliament 1621, unless Lord Rankeillor subsume that Sir John was under diligence at the time, or bankrupt; whereas they offer to prove he left an estate sufficient to pay all his debts and more. See Stair, tit. Reparations.
The Lords thought the case fit for an accommodation, and recommended to the parties to agree.
