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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Gordon v Farquhar. [1766] 5 Brn 932 (19 November 1766) URL: http://www.bailii.org/scot/cases/ScotCS/1766/Brn050932-1175.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. collected by JAMES BURNETT, LORD MONBODDO.
Date: Gordon
v.
Farquhar
19 November 1766 Click here to view a pdf copy of this documet : PDF Copy
The Lords in this case were all of opinion that a personal bond granted by a married woman was not null ipso jure, but only ope exceptionis, and therefore might be by her homologated.
The bond in this case was a bond of annuity for L.15, and the Lords found that it was homologated to the full extent by the payment only of L.10 sterling for some years. It was referred in this case to the oath of the creditor in the bond, whether she did not grant a deed of restriction of it to L.10 sterling, in case of her marrying a second husband, which accordingly happened. She acknowledged she did so, but she said the debtor in the bond did afterwards agree that the restriction should only take place during her, the debtor’s, life, but should not be good to her heir. It carried by a narrow majority, that this was an extrinsic quality in the oath, and the same thing as if a man should acknowledge that he was debtor to another, by bond, in the sum of L.100 sterling, but, says he, the creditor, some time after,
promised that he would not exact the money, or part of it; dissent. Auchinleck and Kaimes. N.B. This was afterwards altered, and the quality found intrinsic.
The electronic version of the text was provided by the Scottish Council of Law Reporting
