MacKay v Medwin Investments Ltd

Bankruptcy – Sequestration – Grant of standard security over and 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 a standard security the debtor purported to grant in favour of the defender over four heritable properties and dispositions of three other properties he owned in favour of defender, the court held that the standard security and dispositions which the pursuer challenged were voidable, and fell to be reduced.

Category: