Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Roger Mouat, Skipper, v. Somerville
Date: 27 November 1679
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Roger Mouat, skipper, pursues Mr William Somerville for payment of sundry debts contained in his father's bonds. alleged,—They were granted on death-bed; and he, as heir, had a reduction thereof depending ex eo capite. Answered,—They offered to prove an antecedent onerous cause, prior to his contracting the said mortal sickness; and it is very well known that bonds granted to tradesmen, though upon death-bed, yet if the furnishing be proven, are sustained. Yea, in the general, a prior onerous cause proven will sustain bonds against that nullity of death-bed; as was found, 27th July 1678, Heriot.
This being reported, the Lords, on 28th of November, before answer, ordained Roger Mouat to produce Thomson's old retired bond and discharge, which Mouat paid for John Somerville, and for which it is alleged that Somerville gave this new bond to Mouat on his death-bed, which is now quarrelled: and to produce all other adminicles and documents by which it can be made appear that this new bond was granted by John for that old one, and so that it had an antecedent onerous cause.
