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Bankruptcy – Sequestration – Disposition of heritable property. Court of Session: In an action which concerned the proper construction of s 44(4)(c) of the Conveyancing (Scotland) Act 1924, in which the trustee on a debtor's sequestrated estate challenged dispositions of five heritable properties by the debtor in favour of the defender, the court held that the dispositions the pursuer challenged were voidable and fell to be reduced (with the possible exception of the disposition of a property which might qualify as the debtor's family home).
Bankruptcy – Sequestration – Disposition of heritable property. Court of Session: In an action which concerned the proper construction of s 44(4)(c) of the Conveyancing (Scotland) Act 1924, in which the trustee on a debtor's sequestrated estate challenged dispositions of five heritable properties by the debtor in favour of the defender, the court held that the dispositions the pursuer challenged were voidable and fell to be reduced (with the possible exception of the disposition of a property which might qualify as the debtor's family home).
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