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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
The Laird of Horsburgh
v.
John Adam
1684 .March ;&1685 ,January .Click here to view a pdf copy of this documet : PDF Copy
In a reduction, ex capite lecti, of a disposition made by a bastard, at the instance of a donator of the bastardy, upon this ground, That the disposition contained a clause dispensing with delivery, which makes it presumed to have been done in lecto, especially at the donator's instance, who is materially in the right of ultimas hæres; and bastards have not testamenti factionem;—the Lords found that the pursuer must prove that the defunct was in lecto the time of subscribing.—March 1684.
The debate being afterwards resumed, the Lords adhered to their former
interlocutor, unless the donator would positively offer to prove that the disposition was signed in lecto.—January 1685, partibus ut supra. Vide No. 132, [Kolstoun against Weir, November 1682.] Page 181, No. 653.
The electronic version of the text was provided by the Scottish Council of Law Reporting