Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.
Subject_2 DEATH-BED.

Young
v.
Scotts

Date: 3 July 1777

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In a reduction ex capite lecti, Young against Scotts, Lord Covington, Ordinary, “found it proven, That John Young was, in the construction of law, upon death-bed, and had contracted the disease of which he died before executing the disposition under challenge, and that he died within 60 days after executing said disposition ; but found it also proved, that, as formerly in use to do, he went several times to the public flesh-market, in market time of day, freely and unsupported, either going or coming therefrom; and that, when in said flesh-market, he bought skins, or bought and priced butcher-meat, and thereby was, in the construction of law, so far reconvalesced as to validate and secure the deed from any challenge on the head of death-bed.” These acts of reconvalescence happening at different times, each act was proved by one witness only, and therefore it was maintained that the proof of them was insufficient. But, upon petition and answers, the Lords adhered, (3d July 1777.)