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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Mr Archibald Stewart v William Weillands. [1671] 1 Brn 645 (20 December 1671)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.
Date: Mr Archibald Stewart
v.
William Weillands
20 December 1671 Click here to view a pdf copy of this documet : PDF Copy
Weillands, after many years' service of the Countess of Murray, having given bond to her son, Mr Archibald, to remove from her service at the next term, or to pay 1000 merks, being charged to pay the penalty,—he did Suspend upon this reason,—That the bond, being of that nature, was unlawful, and against the liberty
and freedom of the Countess to employ her own servants, or his freedom and liberty to continue in her service. It was Answered,—That he, having voluntarily granted this bond, and being conscious to himself that he had formerly made advantage of the Countess's weakness to go about her own affairs, and having the sole trust, did make a great fortune to himself; it was lawful to the charger to take such a bond for his mother's good and the children's.
The Lords did sustain the bond as valid and lawful; and found, That, eo ipso, that he voluntarily granted such a bond, he made himself suspect, and did acknowledge his guiltiness; and so decerned him to leave off to serve in that manner he had formerly done.
Page 215.
The electronic version of the text was provided by the Scottish Council of Law Reporting