Under Sentence of Death. - Effect of Reduction capite lecti. - Ratification upon Oath. - Sale for a Reasonable Price. - Equivalent benefit to the Heir.
Cant v. Raa
1593. Case No. No 109.
An obligation granted by a man under sentence of death, is no better than one granted on death-bed.
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Ane Cant being convict for slaughter, and reddie to tak to the place of execution, his wyffis father, William Raa, in Edinburgh, cam to him, and desyrit him that he wald give him ane obligatioun for the soume of six thousand merks, quhilk he allegit the said Cant to be auchtand to him, quhilk the said Cant grantit, and thairupon the said Raa causit mak ane obligatioun, subscrybit be twa nottars, immediatlie before the said Cant's executioun; thairefter this, Cant's air being persewit upon the obligatioun, allegit that it was null, becaus it was onlie subscrybit be twa nottars, and the partie could wrytt. Secundo, It was subscrybit post contractum capitals crimen, et post latam sententiam mortis, quhilk was mair nor give it had bene in lecto ægritudinis. Quhilk allegeance was fund relevant, and the obligatioun declarit to be of nane avail; reservand to the said Raa his actioune for ony debt that he could pruve aliunde.
Fol. Dic. v. 1. p. 220. Haddington, MS. v. 1. No 255.
