Scottish Court of Session Decisions

Subject_1 IMPLIED CONDITION.
Subject_2 SECT. VI.

Effect of failure of the end in view in granting a deed.

Marjory Jamieson
v.
Roderick M'Leod

Date: 3 December 1661
Case No. No 23.

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Marjory Jamieson, relict of umquhile Mr John Alexander advocate, pursues Roderick M'Leod, for payment of a bond of pension, of 200 merks yearly, granted to her husband, bearing, ‘for service done and to be done.’ The defender alleged the libel is not relevant, unless it were alleged that Mr John had done service constantly after granting of the pension, which the Lords repelled. The defender alleged further, That he offered him to prove, that Mr John did desist from his employment as advocate after the pension, and became town clerk of Aberdeen; and the pension being granted to him who exercised the office of an advocate at that time, must be presumed for his service as advocate.

“The Lords repelled this defence, in respect of the bond of pension, bearing, for services done and to be done,” generally.

Fol. Dic. v. 1. p. 426. Stair, v. 1. p. 63.