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Scottish Court of Session Decisions >>
Lo. Couper v Dr Strang. [1629] Mor 6355 (25 March 1629)
URL: http://www.bailii.org/scot/cases/ScotCS/1629/Mor1506355-022.html Cite as:
[1629] Mor 6355
Effect of failure of the end in view in granting a deed.
Lo Couper v. Dr Strang
Date: 25 March 1629 Case No. No 22.
A pension for future services, found due, the services not being the final, but only the impulsive cause of the pension.
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Dr Strang having charged the Lo. Couper to pay a pension of L. 40, given to him yearly during his lifetime, he being their minister at Errol, the words of the pension bearing, “That the Lo. Couper understanding the pains taken, and to be taken by the Doctor, upon his vassals in that parish, and for love and favour, he gives the said pension to the Doctor during his lifetime;” and the party suspending, that the pension bears, “to be given to the Doctor, for serve the cure of that kirk;” and he being now transported to another charge, and that kirk served with another minister, the pension should cease, especially seeing there is an express clause in the pension, whereby the defender accepts the same in satisfaction of all that he can crave of the Lo. Couper for his service; the Lords found not this reason relevant; but found that the Lord Couper was debtor to the Doctor in the pension so long as he lived, albeit he served not the cure at that kirk, seeing the pension bearing, to be given as said is, for pains to be taken in futuro, which now ceased, was now found not to be the final cause, whereby the failzie would make it to cease, but was an impulsive cause only, which, although it held not, yet thereby the pension was not restricted to the time of his service, but was given expressly during his lifetime, and ought not to cease so long as he lived; and so a pension given to a pensioner for his lifetime, for services done and to be done, ceased not by not doing of service thereafter continually.
Act. Nicolson et Neilson.Alt. ——.Clerk, Gibson.
Fol. Dic. v. 1. p. 426. Durie, p. 441.
