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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN BAIRD OF NEWBYTH.
Date: The Laird of Wemyss
v.
Duncan Menzies of Convie
24 February 1666 Click here to view a pdf copy of this documet : PDF Copy
In a pursuit at the instance of the Laird of Wemyss against Duncan Menzies
of Convie, upon the passive title as successor tilulo lucrativo to his father post contractum debitum,—the said Duncan having proponed a defence upon a disposition granted to him by his father, for an onerous cause; and the onerous cause being condescended on, the same was quarrelled, as not being adequate to the value and worth of the estate disponed to him by his father: as also, the debts he had paid for his father were but voluntarily, without an obligation upon his part to pay the same; whereby, if that should be sustained, it might be in his powrer to pay what of his father's debts he pleased, and prejudge others of his creditors, whom he would not pay. This was not decided, but the parties agreed; but the Lords thought it a very considerable point.
Page 60.
The electronic version of the text was provided by the Scottish Council of Law Reporting