BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £5, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Earl of Tullibardine v Dalziell. [1617] Mor 10278 (28 February 1617)
URL: http://www.bailii.org/scot/cases/ScotCS/1617/Mor2410278-089.html Cite as:
[1617] Mor 10278
Effect of Fraud - of Force and Fear - of Simulation of a Gift of Escheat - of Spuilzie - of Pactum contra Fidem - of Minority - of Reduction ex capite lecti - of Donatio inter Virum et Uxorem - of Payment to an Adjudger.
Earl of Tullibardine v. Dalziell
Date: 28 February 1617 Case No. No 89.
Click here to view a pdf copy of this documet : PDF Copy
In an action between the Earl of Tullibardine and James Dalziell, the Lords found, that the exception of simulation of a gift of escheat, taken upon the expenses of the rebel, could not be opponed against the assignee, who being a creditor, had acquired the same to his own behalf, except it were proven that the assignation were also simulate.
