Accountant in Bankruptcy v Reid or Urquhart

Bankruptcy – Sequestration – Gratuitous alienation. Court of Session: In an action in which the trustee on the sequestrated estate of a debtor sought the debtor's share of the sale proceeds of subjects where he and the defender had formerly lived as husband and wife, the subjects having been sold following their separation and the whole of the sale proceeds paid to the defender, the trustee contending that that was a challengeable alienation, after a debate on the pursuer's general plea to the relevancy of the defences the court excluded from probation those averments which bore to invoke the provisions of the Family Law (Scotland) Act 1985 as a basis for resisting decree and quoad ultra allowed a proof before answer, leaving all pleas standing.

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