Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL. Subject_2 I sat in the Outer-House this week.
Heleonora Nicolson, Lady Greenock, v. Sir John Shaw of Greenock, her Son
Date: 19 July 1711
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An appeal was given in by Lady Greenock against Sir John Shaw, her son, against the Lords' interlocutor finding the contract passed betwixt her husband and her null and dissolved ob causam datam causa non secuta; because, though it bear she had fulfilled her part by giving a disposition of the lands of Carnock to her son, yet it was now come in non causam, being lying beside her cancelled, and that law presumed she had destroyed it, being in her custody, and bearing a clause dispensing with the not delivery; and never being ratified by her, unless she instructed another way. And repelled her offer of making it up, and giving a new disposition to take off her son's damage.
Vol. II. Page 663.
[See Reports of this Case, by Forbes and Fountainhall, Dictionary, pases 8563 and 9166.]
