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Scottish Court of Session Decisions >>
Inglis v Hamilton, alias Inglis of Murdiston. [1733] Mor 3327 (4 December 1733)
URL: http://www.bailii.org/scot/cases/ScotCS/1733/Mor0803327-108.html Cite as:
[1733] Mor 3327
An heir was found entitled to reduce a death-bed deed, altho' the granter had in liege poustie taken from him an obligation not to challenge any deed of his.
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A person in liege poustie took an obligation in writing from his presumptive heir, not to quarrel or impugn, on the head of death-bed, any deed or settlement which he should make, but, on the contrary, to ratify and approve the same. In a reduction, ex capite lecti, at the instance of this presumptive heir, of a death-bed deed, granted by the predecessor in his prejudice, the said obligation was objected to him by way of defence, and the maxim urged, unicuique licet favori pro se introducto renunciare. It was answered, 1mo, The law of deathbed was introduced for a protection to dying persons, to guard them from the artifices of cunning men; for, if the heir's interest were only concerned, this consideration would extend to alienations in liege poustie, as well as upon deathbed. 2do, The heir is not at liberty to refuse his consent in such a case; and, if metus carceris be a good ground for avoiding an obligation, metus exhæreditationis is much stronger.—The Lords repelled the defence, and found this antecedent consent not sufficient to bar the heir from quarrelling the death-bed deed. See Appendix.
