Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 30 November 1682
John Liddel v. Law
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John Liddel, minister at Scoon, pursues an action against one Law, for £1000 Scots contained in a bond granted by Law, his wife's former husband.
The Lords, on Forret's report, reduced the bond, and found it satisfied, on this inartificial and conjectural probation; 1mo, That it appeared, by the pursuer's oath, that the cause of the granting it was in lieu, contemplation, and recompense of her moveables and plenishing she brought with her; (though the bond in its narrative did not bear this cause;) and that the husband's children were forced to give her back again all these moveables, and she evicted them from them, because the marriage betwixt that husband and her had dissolved before year and day, without children, and so the bond was causa data causa non secuta. 2do, That the cause of the bond being merely gratuitous, and his whole estate being but 2000 merks, he could not give away §£1000 of it to his wife, in prejudice of his children their legitim.
The Lords sustained thir two reasons of reduction; and found them proven, and so on pregnant presumptions took away this bond. Vide a similar case, 15th Dec. 1681, Mercer.
