Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN BAIRD OF NEWBYTH.

Hary Stewart of Baith
v.
Marion Bruce his Mother

Date: 17 July 1666

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Hary Stewart of Baith against Marion Bruce, his mother, and James Balfour, now her spouse, for his interest. The said Marion having granted bond to her son for payment of 300 merks, for helping him to pay his debts, and better enabling him to live; and being withal provided to 1000 pounds Scots of jointure, by his father, to be paid to her out of certain of his lands; which not being worth the said 1000 pounds, there was an action raised, at her instance, against him, for making up, &c.; and the son having excepted upon the 300 merks;—

It was alleged for the mother, That the 300 merks, contained in her bond, could not compense, but only for one year.

To which it was answered, That, in respect of the conception of the bond, and that the word yearly was in the margin, albeit not subscribed, and that, [by] the haill tract and tenor of the bond, it appeared it behoved to be so; the same ought to defease to him yearly, pro tanto.

The Lords found, That Marion Bruce and her husband were liable in payment of the 300 merks yearly, albeit the word yearly was added in the margin.

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