Of facts inferring knowledge of, and consent to the right challenged. Effect of consent where the right is not known. Effect of legal steps passing of course. Effect of minority. Effect of payment.
Lothians v. Lothian
Date: 15 June 1678 Case No. No 30.
It was found no homologation of a death-bed deed, that the party challenging it, had accepted of another deed the same day from the deceast.
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Anabel, Alison, Bessie, and Jane Lothians, pursue a reduction against Katharine Lothian, and Mr Matthew Ramsay her husband, of a disposition granted to them by Charles Lothian, of a tenement in Edinburgh in lecto, to the pursuers prejudice, who were heirs portioners to the said Charles their brother, as well as the said Katharine, and so to restrict her to a fifth part of the tenement, that she might have nothing per preceptionem, et jure precipui, more than the rest. Alleged, They could never quarrel the said disposition as done on death-bed, because the pursuers had homologated the same, in so far as it was offered to be proved, that the pursuers, that same very day, had gotten and accepted from the very same person, their brother, a disposition of another tenement in their favours; which being of one date with the right quarrelled, before the same witnesses, and by the same author, it is equivalent as if they had consented to one another's dispositions. Answered, Non relevat, seeing the lesion was manifest, her tenement being near as good as that which is disponed among them four. 2do, They never accepted it, nor are infeft on it. 3tio, If need be, they will renounce it, that it may divide equally collatione bonorum. 4to, The one disposition relates not to the other, nor makes the least mention one of another; and so the one not being conceived as the cause the one of the other, it can never import an homologation. The Lord Newton repelled the allegeance, and found there was no homologation here.
