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Scottish Court of Session Decisions >>
Thomas Mercer v Walter Dalgardno. [1694] Mor 12563 (19 December 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Mor2912563-455.html Cite as:
[1694] Mor 12563
If probative of its Onerous Cause against Creditors and Donatars of Escheat.
Thomas Mercer v. Walter Dalgardno
Date: 19 December 1694 Case No. No 455.
A step-father and a step-son are conjunct persons, consequently bound to instruct the onerous cause of deeds between them.
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The Lords found that the bond being taken to the wife in liferent, the husband could not discharge it; and though it was alleged, that it was donatio inter virum et uxorem, yet the Lords finding it quadrated exactly with the sum provided to her in her contract of marriage, though it did not relate thereto, nor bear to be in specific implement thereof, they presumed it was in satisfaction of that obligement, unless they offer to prove it was fulfilled aliunde.
1695. January 16.—In this case it came to be debated, if a step-son receiving right from his step-father, was to be reputed such a conjunct person, in the terms of the act of Parliament 1621, as to be obliged to prove the onerous cause of his disposition? Though there uses to be small amity betwixt such relations, yet the Lords thought them conjunct persons; for they could not marry, nor be witnesses nor judges for one another.
Fol. Dic. v. 2. p. 254. Fountainhall, v. 1. p. 652, & 659.
