Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Jean Morison and Gordon her Husband v. Morison of Pitfour
Date: 5 January 1693
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Jean Morison, and Gordon her husband, against Morison of Pitfour. The Lords found this bond was of the nature of a bond of provision, and needed no evidence of delivery more than other writs; though it was not granted by a father. Yet here the brother had supplied what the father would have done if he had not been prevented by death; and having succeeded to an opulent fortune, and bound in law to have alimented her, had given his only sister a bond of 4000 merks of tocher. And they found there had been a delivery to the mother for her behoof, being then minor; and though the mother, by her oath, declared the son recalled the bonds into his own hands, and the bond was found beside him at his death; yet being entire, this did not make it chirogaphum apud debitorem repertum, seeing it contained several clauses in his favours, which gave him a sufficient interest to retain it, viz. a suspension of the annual-rent during his mother's life, and of the principal sum till year and day after her marriage; before which year and day he died; with a clause, providing the return of the tocher in case of her decease without children.
