Freely Available British and Irish Public Legal Information
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Mason v Executors of George Bell. [1749] 1 Elchies 112 (1 February 1749)
URL: http://www.bailii.org/scot/cases/ScotCS/1749/Elchies010112-005.html
Cite as: [1749] 1 Elchies 112
[New search] [Printable PDF version] [Help]
[1749] 1 Elchies 112
Subject_1 CONDITION.
Mason
v.
Executors of George Bell
1749 ,Feb. 1 .
Case No.No. 5.
Click here to view a pdf copy of this documet : PDF Copy
In a contract between Mason and his son-in-law, after his daughter's death, reciting that Mason had only given 400 merks in part of what he intended to give, therefore the father obliges him to pay the 400 merks to the son of the marriage, and Mason, the grandfather, obliged him to aliment his grandson till he be 16 years of age, which will happen, (says the contract) 7th May 1747 and obliged him to pay the grandson 600 merks at the term of Whitsunday 1747, which, (says the contract) will be the first term after the age foresaid;—the grandson died before that age, and the father confirmed the 600 merks, and sued Mason for payment. The defence was, that it was dies incertus, the first term after the child's age of 16, and he died before that time. I found that the term being Whitsunday 1747, was dies certus, and therefore found the sum due. But on a reclaiming bill the Lords altered, and thought it the same as if the year 1747 had not been mentioned.
The electronic version of the text was provided by the Scottish Council of Law Reporting