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Margaret Hunter and Husband v Margaret Hoggan, John Warden, &c. [1694] 4 Brn 192 (13 July 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040192-0429.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Margaret Hunter and Husband v. Margaret Hoggan, John Warden, &c
Date: 13 July 1694
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She, having got a disposition of some tenements from her first husband, with the burden of his debts, she thereon grants bonds of corroboration to some of his creditors. The said Margaret Hoggan, her husband's heir, raises a reduction of her disposition ex capite lecti, and obtains a decreet in absence. On this she intents a reduction of the bonds she had given in contemplation of that disposition, ex causa datorum causa non secuta. Answered,—We disclaim any such decreet obtained against you. We never pursued such an action, nor gave any warrant to compear for us; and, if a decreet passed, it was your own fault that did not satisfy the production by giving in the disposition. But it is reduced for not-production, without either debate or probation that it was on death-bed; and so the collusion is manifest, that it has been of her own procuring, to give her a ground whereon to quarrel the bonds of corroboration she had given to her husband's creditors.
The Lords found the answer relevant to be proven by the oaths of the pursuers in that process of reduction, and the advocates, that they knew nothing of it, in respect it is without debate or probation; and, if she pleased, she could be yet reponed against that decreet, by production of her husband's disposition to her.
