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Goldie of Haughyet v Mr Andrew Aitken, &c. [1729] Mor 7742 (#date February 1729)
URL: http://www.bailii.org/scot/cases/ScotCS/1729/Mor1907742-019.html Cite as:
[1729] Mor 7742
Subject_1 JUS QUÆSITUM TERTIO. Subject_2 SECT III.
Clauses in Deeds in favour of third parties.
Goldie of Haughyet v. Mr Andrew Aitken, &c
1729.
February. Case No. No 19.
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A person disponed his estate in trust, and took the trustee's back-bond, obliging him to sell the same, and apply the price for satisfying the disponer's creditors, and the remainder to be applied to the disponer's wife and children. The lands having been sold in execution of this trust, a part of the price remaining in the trustee's hand, was confirmed by an executor-creditor of the disponer, as in bonis defuncti. It was found, that this confirmation could afford no ground of preference in competition with the other creditors, seeing there was somewhat further intended in this transaction than a bare commission to the disponee for the behoof of the disponer; the back-bond bore that the disposition was granted in order that the price might be applied to the creditors, which argued that the disponer had a view to his creditors, and was stipulating for their security. See Appendix.
