You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Margaret, Elizabeth, Ann, and Isobel Elieses, Daughters to the deceased Mr. James Elies of Stenhouse-mill, v James Watson of Saughton, and His Curators. [1712] Mor 16930 (5 February 1712)
URL: http://www.bailii.org/scot/cases/ScotCS/1712/Mor3816930-168.html Cite as:
[1712] Mor 16930
[New search]
[Printable PDF version]
[Help]
[1712] Mor 16930
Subject_1 WRIT. Subject_2 SECT. VI.
Other Requisites.
Margaret, Elizabeth, Ann, and Isobel Elieses, Daughters to the deceased Mr James Elies of Stenhouse-mill, v. James Watson of Saughton, and His Curators
Date: 5 February 1712 Case No. No. 168.
Holograph, receipts need not witnesses to prove their dates.
Click here to view a pdf copy of this documet : PDF Copy
In the count and reckoning at the instance of the daughters of the deceased Mr. James Elies, against James Watson of Saughtoun, as representing his father, mentioned No. 24. p. 14041. the Lords sustained holograph receipts wanting witnesses granted by Mr. James Elies, to extinguish pro tanto a bond granted to him, his heirs and assignees, secluding executors, by the defender's father; albeit the bond was heritably conceived, and the receipts not proving their date, were presumed to have been granted on death-bed; because, though one be restrained from conveying an heritable debt on death-bed in prejudice of his heir, he may take payment thereof on death-bed, and so dissolve the obligation, he could not transmit by assignation.
