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URL: http://www.bailii.org/scot/cases/ScotCS/1698/Mor3113307-011.html
Cite as: [1698] Mor 13307

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[1698] Mor 13307      
Subject_1 QUOD POTUIT NON FECIT.

Straiton
 v.
Wight

 Date: 15 December 1698
Case No. No 11.

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A Gratuitous bond granted by a minor being reduced by his heir, the creditor insisted for an equivalent out of the executry, upon this footing, that the bond implied a legacy, which the minor could grant, minors being testamenti capaces. Answered, The bond being reducible by the granter himself, it can infer no warrandice against him or his goods, neither can it have the effect of a legacy; for whatever might have been the granter's intention, he has not expressed the same either by word or writ, et sic quod voluit non fecit. The Lords found they could not transubstantiate the bond into a legacy, and therefore assoilzied.

 Fol. Dic. v. 2. p. 308. Fountainhall.

*** This case is No 10. p. 10326. voce Personal and Transmissible.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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URL: http://www.bailii.org/scot/cases/ScotCS/1698/Mor3113307-011.html