Scottish Court of Session Decisions

Subject_1 FRAUD.
Subject_2 SECT. VIII.

Facility and Lesion, without condescending on acts of Circumvention.

Maitland
v.
Fergusson

Date: 13 February 1729
Case No. No 54.

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A creditor having elicited from his debtor, (who was proved to be a weak and facile man,) at different times dispositions of valuable subjects in security and payment of trifling patched-up claims, and at last a total discharge of the reversion for an inconsiderable sum, the debtor at that time being much pinched in his circumstances; the Lords reduced the discharge upon fraud and circumvention, which was principally presumed from the facility and weakness of the granter, joined with the very great inequality of the bargain. See Appendix.

Fol. Dic. v. 1. p. 336.

*** See No 3. p. 53.