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Scottish Court of Session Decisions >>
Weir v The Earl of Callender. [1678] Mor 6363 (26 July 1678)
URL: http://www.bailii.org/scot/cases/ScotCS/1678/Mor1506363-027.html Cite as:
[1678] Mor 6363
Effect of failure of the end in view in granting a deed.
Weir v. The Earl of Callender
Date: 26 July 1678 Case No. No 27.
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The Earl of Callender having granted a pension to Mr William Weir, for services done and to be done, as the narrative bears, and the endurance being, during his life, whereupon the Earl being charged, suspends on these reasons; 1mo, That the pension being for the services to be done, which is causa finalis, importing a condition, which not being purified, the pension can have no effect; 2do, This pension being a gratuitous constitution, as all other donations are, it is revocable propter ingratitudinem which Mr William has incurred, 1mo, by defaming the Earl, 2do, by taking assignations against and charging him with horning, and pursuing him unjustly, where he was assoilzied.
The Lords found, that the pension granted for services done and to be done, during life, was valid, unless Mr William refused the service as an advocate, or had served against the Earl, but not upon processes or charges, at his own instance ex justa, or probabili causa, though the Earl was assoilzied; and for the defamation, they would not sustain it in general, but ordained the Earl to condescend. See No 22. p. 6355.
Fol. Dic. v. 1. p. 426. Stair, p. 643.*** Fountainhall reports the same case:
Mr William Weir, advocate, pursuing the Earl of Callender upon a letter of pension during his lifetime, the defence was, that Mr William ex capite ingratitudinis, (vide Tit. Cod. De revocandis donat. Massuerii Practic. Forens. Tit. De donat; et Nicol. Mozz. De contract eod. tit.) had lost it, because he had spoke opprobriously and contumeliously of him. The Lords before answer ordained the Earl to condescend upon the defamation and words of reproach.
