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 >>
Campbell and Riddoch v Stewart. [1675] Mor 1011 (16 July 1675)
URL: http://www.bailii.org/scot/cases/ScotCS/1675/Mor0301011-115.html Cite as:
[1675] Mor 1011
Reduction of Alienations made by Bankrupts where the Reducer has done no Diligence.
Subject_3 SECT. XV.
Of Alienations to singular Successors.
Campbell and Riddoch v. Stewart
Date: 16 July 1675 Case No. No 115.
Click here to view a pdf copy of this documet : PDF Copy
One having disponed lands to his third son, in the disponee's contract of marriage, and thereafter disponed the same lands to his second son, with the burden of debts; in a competition betwixt the first disponee and an onerous purchaser, from the second disponee, both craving adjudication in implement of their dispositions; the Lords found the long latency of the first disposition sufficient to prefer the onerous purchaser who had bought bona fide, thus far, to make up his just and true interest, but not to give him any advantage by the bargain; and therefore adjudged in his favours, under reversion to the first disponee, upon payment of what was truly wanting to the onerous purchaser. See the particulars of this case; voce Adjudication, p. 54.
