In what cases a Private Deed not probative against the Heir.
- v. Alexander
1623.
December9.&
10. Case No. No 470.
Found that a bastard could not prejudge the King of a sum resting to him, by declaring on death-bed that it did not belong to him.
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The donatar of the bastardy of George Hill pursued the defunct's debtor to pay to him the sum of 100 merks, which he was obliged by bond to pay to the said umquhile George Hill. It was excepted by Isobel Alexander, That the defender should be assoilzied, because George Hill had upon his death-bed declared upon his salvation, that the money was not his, but his name only borrowed to the behoof of the said Isobel, to whom he directed one David Craw to deliver the said bond to Isobel Alexander, as her evident, who also offered to prove, that she had lent and delivered with her own hands the sum to the debtor, and since that time obtained a decreet against him before the Sheriff for the sum; which exception the Lords found relevant, 9th December 1623. This interlocutor was retreated, and the donatar preferred, 10th December 1623.
