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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Robert Broun v Gilbert Atchison. [1637] 1 Brn 100 (9 March 1637) URL: http://www.bailii.org/scot/cases/ScotCS/1637/Brn010100-0189.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ALEXANDER GIBSON, OF DURIE.
Date: Robert Broun
v.
Gilbert Atchison
9 March 1637 Click here to view a pdf copy of this documet : PDF Copy
One Gilbert Atchison being made assignee, by Isobel Marshel, to some heritable bonds made in her favours; one Mr Robert Broun, being made assignee by George Marshel, who was retoured heir to the said Isobel, pursues reduction of the said assignation made by the said Isobel to Gilbert Atchison, as done in lecto ægritudinis: And the defender alleging, that the pursuer's assignation made to him by the said heir was also made in lecto ægritudinis, and who died immediately after making thereof; and therefore, seeing laborat eodem vitio, it ought not to be found a title to pursue this action;—the Lords repelled the allegeance; for, as it was competent to the excipient to quarrel the same super hoc medio, so they found it could not be taken away ope exceptionis so summarily, but the same ought to abide reduction.
Act. Gilmor. Page 836.
The electronic version of the text was provided by the Scottish Council of Law Reporting
