Scottish Court of Session Decisions

Subject_1 BILL OF EXCHANGE.

Weir
v.
Parkhill

1737, Jan. 7.
Case No. No. 13.

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The Lords find that a donation cannot be habilely constituted in the form of a bill, and find this bill was without any onerous cause, and therefore sustain the defence and assoilzie.—24th November 1736.

The Lords adhered to their former interlocutor of 24th November, with the addition to the last part of it, viz. that they find it proved by the tenor of the writing in question, viz. the bill, and the pursuer's admission in the course of this process, that there was no written testament by Mary Weir, the granter's first husband. This is a decision of great importance, but the Justice-Clerk, Minto, and Dun, were against it, though Dun thought it proved not its date.