Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.

Helene Law and George Lawrie
v.
Andrew Ker, Son to Margaret Law

Date: 6 July 1649

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In the suspension and reduction, by Helene Law and George Lawrie against Andrew Ker, son to Margaret Law, the reason was proponed upon iniquity of the commissary that had repelled their exception against the said Andrew, or duply, viz. that umquhile Andrew Law, father to the said Helen, had obliged himself, by contract of marriage, that the said Margaret and her bairns should have 5000 merks made out to them for making them equal in tocher with the said umquhile Margaret and her husband, before that the said Margaret and her bairns should come in as bairns of the house: which was not performed; but the monies alleged paid by the said umquhile Andrew Law, were for losses sustained by the said George Lawrie, and by way of gift. Wherein the Lords found no iniquity, quia namo donat quamdiu debet, except it had been so declared, and the letters were found orderly proceeded. But here it may be questioned, if the condition, to be bairns of the house, will make the oy to come in with the daughter for a part of the dead's part, since the oy excluditur per gradum priorem; nec est representatio in mobilibus, nam quoad naturalem portionem (which is bairn's part,) non facimus vim.

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