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Ann Douglass v James Langlands, her Son. [1693] 4 Brn 109 (26 December 1693)
URL: http://www.bailii.org/scot/cases/ScotCS/1693/Brn040109-0253.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Ann Douglass v. James Langlands, her Son
Date: 26 December 1693
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Mersington reported Ann Douglass against James Langlands, her son. The Lords repelled his first defence, viz. that he was only heir to his brother, Mr George; and the rest of his brethren were the executors, and they were first discussable in law: For they thought the mother, as creditrix, by her son Mr George's back-bond, might insist against both heir and executor, or any of them, as she pleased; reserving their relief among themselves, as accords. The Lords also repelled the second allegeance, That the mother was denuded in favours of her children; and so, they being liars, were bound to relieve him instantly in this process; and for which he produced a nomination by the mother, dividing the 5000 merks equally amongst the rest of her children: for the Lords considered the mother still as fiar, having, by the back-bond, power to assign it to whom she pleased; and that her nomination was but of the nature of a destination, and donatio mortis causa, and so revocable by her; and that it did not appear to have been a delivered evident, seeing it was recovered, by an incident, out of her agent's hands.
