Click here to view a pdf copy of this documet : PDF Copy
One Mungo Ross having begotton two daughters upon one Cobertson, thereafter gives her a bond, to pay to her 1000 merks at a term; and, failing of her, by decease, before the term, to pay it to their said bairns. The woman being married upon an husband, charges to pay the sum, and the man suspending, that it was given ob turpem causam, for the said cause of adultery; the Lords rejected the reason, and sustained the bond, neither respected they that it was alleged, that the bond was given ob causam adulterii, tanquam causa turpis fuerit; seeing it is said in law, Quod mulier turpiter facit cum sit meretrix, sed cum sit meretrix accipiendo non facit turpiter; though the suspender answered, That etiam acceptum ob præmium adulterii auferendum est a muliere; which was repelled: And the suspender further alleging, That, in respect of the tenor of the bond, providing the sum to the bairns, in case the woman die before the term, therefore, and in respect of the cause itself, in all equity, the woman, who is now married on an husband, ought only to have her liferent use of the sum, and that the fee thereof should pertain to her bairns; this allegeance was also repelled, in respect the woman survived the term of payment, and the fee was found to pertain to her.
The Suspender per Lawtie.Alt. ——.
Fol, Dic. v. 2. p. 21. Durie, p. 896.
