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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> George, &C. Griersons v William King. [1781] Hailes 887 (4 July 1781)
URL: http://www.bailii.org/scot/cases/ScotCS/1781/Hailes020887-0564.html
Cite as: [1781] Hailes 887

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[1781] Hailes 887      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 WRIT.

George, &C Griersons
v.
William King

Date: 4 July 1781

Click here to view a pdf copy of this documet : PDF Copy

[Fac. Coll. VIII. 111; Dict. 17,054.]

Monboddo. The subscription is acknowledged: that is sufficient; but the subject did not fall under the jus mariti.

Braxfield. Before the term of payment arrives, the subject is simply moveable: here the term of payment was the term after the death of the testator, and at that term the woman was married, so that the subject fell under the jus mariti. But I doubt as to the other point: the transaction was of that nature as to require writing, and the writing here adhibited is improbative.

President quoted decision, Foggo against Millican: acknowledgment may do: when the subject of the writing does not require solemnities.

On the 4th July 1781, “The Lords repelled the defences;” altering Lord Kaimes's interlocutor.

Act. R. Cullen. Alt. Mark Pringle.

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/1781/Hailes020887-0564.html