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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> John Whan, Smith in Leslie, v - . [1683] 2 Brn 48 (00 December 1683)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
John Whan, Smith in Leslie,
v.
-
1683 .December .Click here to view a pdf copy of this documet : PDF Copy
In the reduction of two bonds, upon this reason, That they were granted by the pursuer when he was very sick, and in danger of death, and so must be reputed donatio mortis causa, consequently reducible and revokable upon his convalescence and recovery;—Answered, Non relevat that the pursuer was sick; for sick men may borrow money, and, by the civil law, donatio facta a moriente was not donatio mortis causa, but considered as a deed inter vivos: but then, again, the bonds bear borrowed money, without any mention of death or sickness; which is inconsistent with donatio mortis causa. The Lords assoilyied from the reduction.
Page 43, No. 192.
The electronic version of the text was provided by the Scottish Council of Law Reporting