Fox v Brennan

Bankruptcy – Sequestration – Gratuitous alienation. Court of Session: In an action in which the trustee on the sequestrated estate of a debtor sought declarator that he had made two gratuitous alienations to the defender, and payment of the relevant sums by her, and it was accepted that the defender's averments anent the second alienation were suitable for inquiry, the court held that there was no relevant defence to the pursuer's challenge to the first alienation: even if the defender proved all she averred her defence to that challenge was bound to fail.

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