 |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | |
Scottish Court of Session Decisions |
||
|
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> James Mercer v Cunningham of Barns. [1688] 2 Brn 115 (00 February 1688) URL: http://www.bailii.org/scot/cases/ScotCS/1688/Brn020115-0314.html |
||
[New search] [Printable PDF version] [Help]
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
James Mercer
v.
Cunningham of Barns
1688 .February .Click here to view a pdf copy of this documet : PDF Copy
One Elizabeth Cunningham having granted a bond, mentioning no cause, to Mercer her brother-in-law, or to his wife the granter's sister, or to the heirs of
the marriage, at the next term after her the granter's decease; which failing, to return to herself, her heirs and assignees: The marriage having dissolved without heirs, and the husband having, as fiar, pursued the debtor's executors for the money;—Alleged for the defenders, 1. The bond is conditional, failing heirs. 2. Though there were no condition in the case but a substitution, the defenders have [the] only right as heirs substitute to the pursuer, who is fiar, and liable as an heir. [Nota, what follows should be part of the defence.] Answered, The bond being gratuitous, and the pursuer having but a qualified fee, the substitution must be effectual. The Lords found, That the pursuer had but a qualified fee, and decerned him to find caution to restore the money, after her death, to the defenders. Page 50, No. 219.
The electronic version of the text was provided by the Scottish Council of Law Reporting