D. 156. Halyburtoun contra Scott 17. Decemb. 1671
A Provision granted by a Father to a Daughter for love and favour, being quarrelled by a Creditor upon the Act of Parliament 1621. It was Answered, that the Father the time of the granting of the said Right had an opulent Estate beside, out of which the Creditor might have been satisfied: and the Lords before Answer, having ordained that a tryal should be taken of the Defuncts Estate, and Witnesses being adduced to that purpose: It was Found, that the Defence was not proven. It appears that the Defence was not relevant; and that a Creditor is not holden to Debate whether his Debitor had a competent Estate to satisfie his Debt ali∣unde; and that Debitors can grant noe Right without an onerous cause, until the Debt be satisfied. Haystoun Clerk.