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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Cameron v - . [1688] 2 Brn 116 (00 February 1688)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ROGER HOG OF HARCARSE.
Cameron
v.
-
1688 .February .Click here to view a pdf copy of this documet : PDF Copy
Mr Archibald Cameron having [died] after he had gotten a son, [the son] raised reduction of a 1000 merks' bond, taken by him when he had no children, to his cousin in fee, reserving his own liferent upon the grounds of [the] civil law, ex supernascentia liberorum. 2. Mr Archibald, before his death, drew an assignation to the said bond, (conform to a power reserved,) with his own hand, which is judicium mutatæ voluntatis. 3. Testamentum imperfectum inter liberos is sustained. Answered, This part of the civil law hath no place with us. 2. It took only place by the civil law inter patronum et libertos. And 3. It was in the case of a total donation, whereas this is but a small part of the defunct's estate. The Lords assoilyied from the reduction. Vide No. 146, [David Oswald against Somervel and Boyd, February 1687.]
Page 51, No. 222.
The electronic version of the text was provided by the Scottish Council of Law Reporting