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Scottish Court of Session Decisions >>
Colquhoun v Colquhoux of Craigton. [1694] 4 Brn 135 (1 February 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040135-0307.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Colquhoun v. Colquhoux of Craigton
Date: 1 February 1694
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Phesdo reported Colquhoun against Colquhoun of Craigton. Some of the Lords were for examining witnesses before answer, on the trust of the dispositions given by the pursuer's mother to Craigton, in respect of the pregnancy of the qualifications of trust; whereof the Lords took particular notice of one,— viz. that though he had an absolute disposition, without reserving her liferent, yet he suffered her to possess the land five or six years. But the plurality carried, that his dispositions could not be taken away, but by writ, or his own oath; but allowed the pursuer to adduce whom he pleased, to be present at his deponing, to refresh his memory with circumstances: and ordained him to depone on the onerous causes of his right, if they were adequate or not; for the Lords thought if it was a gift, then her son's right would be preferable to it.
