Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 WINTER SESSION. - Anni 1973.
Alexander Birny v. Gordon of Aberzeldie
1674.
February.
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Mr Alexander Birny, advocate, pursues Gordon of Aberzeldie, upon a bond of pension he had given him of 100 merks yearly, to do his law affairs.
Alleged,—It was of the nature of a factory, or a donation, and so revocable at will.
Answered,—Opponed the constant tract of the Lords' decisions, finding pensions valid and obligatory as remunerations, even where the party deserts his employment, in contemplation whereof the pension was first constituted; since it might sustain, as an acknowledgment of bygone services, as Stairs, in his System, tit. —, Of Annualrents, § ultimo, shews the Lords have decided. And, in fortification of the bond insisted on, he produced letters under the defender's hand, recommending the prosecution of the particular affairs therein mentioned to him.
The Lords sustained the bond of pension, and pursuit raised thereupon; and found nothing relevant to take it away, but either refusing and declining to serve him, or malversation, and ingratitude, if great; this being donatio remuneratoria. Dury, 25th March, 1629, Doctor Strang; 24th July, 1678, Mr William Weir against Calander.
