Scottish Court of Session Decisions

Subject_1 PACTUM ILLICITUM.

Lord Lovat
v.
Frazer of Strowie

Date: 8 February 1745
Case No. No. 16.

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A Bond for 4000 merks on the narrative of resting owing by a person then forfeited to a person of his clan also then forfeited, in 1702 when they were both in the hills, payable only in 1708, with annualrent from the term of payment, containing this condition, “and these presents to stand in force, upon condition the said Hugh Frazer stand faithful to our interest, and no otherwise,” the Lords found the evidence sufficient to presume that the bond was granted ob turpem causam, unless the defender (pursuer) astruct the onerous cause, 20th February 1734. And the same judgment renewed after a proof allowed before answer to astruct the onerous cause, 29th November 1744. But thereafter the pursuer having produced the Chancery records, containing a remission to Lovat, Strowie, and others in 1700, whereby they were no rebels to the Government, but lawful men at the date of this bond, the interlocutor was altered, and the defence repelled, 25th January 1745.—Adhered, 8th February. (See Dict. No. 92. p. 9557.)