Some doubts & questions, in the law, especially of Scotland as also, some decisions of the lords of Council and Sessions / collected & observed by Sir John Nisbet of Dirleton ... ; to which is added, an index, for finding the principal matters in the said decisions.

D. 417. Earl of Glencairn contra Brisbains. 5. January 1677.

FRancis Freeland of that Ilk, having disponed to John Mcknair and Robert Hamilton irredeemably: and they thereafter having dispon∣ed the same, with consent of the said Francis, to John Brisbain: And the said John having granted a Reversion to the said Francis his Heirs of his own Body allanerly; for payment of the Sum of 8000 merks, and what farder Sums should be debursed for improving the Lands, building or re∣pairing the Houses, with Annualrent frae the Debursements, upon the said John Freeland his own Declaration; and that after the first Term af∣ter

the said Francis his decease: The Earl of Glencairn, Creditor to the said Francis Freeland, alledging that the said Reversion was granted by Fraud and Contryvance, and in prejudice of him and Lawful Creditors; and that the said Reversion was granted in manner foresaid, not in favours of his Debitor but his Heirs for eludeing their Execution; Pursued a Reduction of the said Disposition made in favours of Ha∣milton and Mcnaire; and a Declarator that Brisbaines Right should fall in consequence; and that it should be lawful to him to comprise the said Reversion, and to use an Order as if it had been granted to the said Francis Freeland himself.

The Lords Thought, That if the Price were not adequate (which was to be tryed) the Conclusions foresaid should be sustained. Thesaurer-de∣pute Reporter. Gibson Clerk.