BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!
 |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | |
Scottish Court of Session Decisions |
||
|
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Hary Stewart of Baith v Marion Bruce his Mother. [1666] 1 Brn 529 (17 July 1666) URL: http://www.bailii.org/scot/cases/ScotCS/1666/Brn010529-1381.html |
||
[New search] [Printable PDF version] [Help]
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN BAIRD OF NEWBYTH.
Date: Hary Stewart of Baith
v.
Marion Bruce his Mother
17 July 1666 Click here to view a pdf copy of this documet : PDF Copy
Hary Stewart of Baith against Marion Bruce, his mother, and James Balfour, now her spouse, for his interest. The said Marion having granted bond to her son for payment of 300 merks, for helping him to pay his debts, and better enabling him to live; and being withal provided to 1000 pounds Scots of jointure, by his father, to be paid to her out of certain of his lands; which not being worth the said 1000 pounds, there was an action raised, at her instance, against him, for making up, &c.; and the son having excepted upon the 300 merks;—
It was alleged for the mother, That the 300 merks, contained in her bond, could not compense, but only for one year.
To which it was answered, That, in respect of the conception of the bond, and that the word yearly was in the margin, albeit not subscribed, and that, [by] the haill tract and tenor of the bond, it appeared it behoved to be so; the same ought to defease to him yearly, pro tanto.
The Lords found, That Marion Bruce and her husband were liable in payment of the 300 merks yearly, albeit the word yearly was added in the margin.
Page 76.
The electronic version of the text was provided by the Scottish Council of Law Reporting
