Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Thomas Dalmahoy v. The Earl of Calender
1677.
June.
Click here to view a pdf copy of this documet : PDF Copy
The Earl of Calendar being made donatar to the escheat of Thomas Dalmahoy, Esquire, who married the Dutchess Dowager of Hamilton, mother to the Ladies Calendar, Southesk, Blair, Robertland; and having empowered Mr John Eleis, elder, with a factory thereanent; (See his process with Southesk, supra, No. 507:) Mr Dalmahoy raised a reduction of the horning and gift: 1mo, because his interest when denounced was only jure mariti, and that his interest the time of the gift was ceased by the dutchess' decease. This the Lords repelled, in regard it was offered to be proven he was locupletior factus, and so behoved to be liable in quantum lucratus.
The 2d reason was, that the denunciation was abusive, because at the time the dutchess was debtor to them in a legacy of L.500 Sterling, left them by their father. Answered, that was left them for aliment, and she alimented them conform, and so fulfilled the legacy in forma specifica. Replied, then it was a compensation the time of the denunciation, and so extinguished the debt ipso jure, and made the denunciation null. The Lords inclined upon this to find the denunciation null.
