Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.

Doctor Forbes
v.
Anna Blair

Date: 16 December 1668

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Doctor Forbes having married ——— Edgar, who was provided, by her father, to a portion of 4000 merks; and thereupon having apprised from his wife's brother the lands of Keithick; and pursuing for maills and duties, compearance was made for Anna Blair his mother-in-law, who craved preference, not only for so much as she liferented, and had right to as terce, but likewise to the rest of the whole lands, as having right, by a disposition from her son, who was heir, bearing that it was granted for an onerous cause; which she being ordained to condescend upon and instruct, she did produce a bond for 5900 merks, granted by her son for alimenting him and the rest of the children divers years.

This bond was not sustained to be an onerous cause, being posterior to the date of the disposition, and holograph; but the said Anna was ordained to pursue and recover decreet for the aliment, wherein the doctor and his wife might be heard to propone all their defences; and that, notwithstanding that they offered to prove the alimenting of the children, many years before the disposition, which was the cause of the bond.

In this action, there being produced a bond of 600 merks, granted by Edgar the father, who was spouse to the said Anna, to which she was made assignee, as having paid the same; and for which she had got bond from her son for the like sum; and produced the same as the cause of the disposition:

This was sustained as an onerous cause, notwithstanding it was alleged, that she was vitious intromitter, and liable to the whole debts: For the Lords would not sustain that title to make her liable for any more than what she had truly intromitted with, and had not lawfully expended; the said Anna, being the childrens' mother, and liferenter of the most part of the lands, which were laboured by the father himself when he died.

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