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Scottish Court of Session Decisions >>
Heisleid v Lindsay. [1591] Mor 6087 (00 January 1591)
URL: http://www.bailii.org/scot/cases/ScotCS/1591/Mor1506087-300.html Cite as:
[1591] Mor 6087
Pure Donation how far Revocable. Donation after Proclamation of Banns.
Heisleid v. Lindsay
1591. Case No. No 300.
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The Laird of Heisleld pursued Robert Lindsay, spouse to the Lady Knockdolean, for payment of certain sums of money, as he who had obliged himself to his said wife by a ticket subscribed by him to her, to pay her and her former husband's debts. Excepted, That the pursuer could have no action on that obligation, quia erat contractus inter virum et uxorum, et quasi alienatio quæ non tenet de jure. Replied, That the obligation being conceived in favours of a third person, was good and lawful, and should take effect The Lords found, that the obligation was sufficient to give action against the defender at any creditor's instance.
Spottiswood, (Husband and Wife) p. 155.
* * * See Colville's report of this case, No 316. p. 6106.
