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Scottish Court of Session Decisions >>
Calderwood v Shaw. [1668] Mor 2737 (14 November 1668)
URL: http://www.bailii.org/scot/cases/ScotCS/1668/Mor0702737-071.html Cite as:
[1668] Mor 2737
In a pursuit against an heir for payment of a bond, death-bed was found competent by way of exception.
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Margaret Calderwood being assigned to a bond granted by George Shaw, her deceased husband, for the sum of L. 220, did thereupon pursue Janet Shaw, as heir served and retoured to the said George, for payment thereof; which bond was holograph; and it being alleged, That holograph bonds do not prove against the heir quoad datam, and are null ipso jure, being presumed to be done upon death-bed; this allegeance was sustained, unless the pursuer would offer to prove that the bond was subscribed by the defunct before his sickness whereof he died; and that, notwithstanding it was replied, That holograph bonds are valid against the heir of the granter as well as against himself, and that it can only be objected by a third person that they do not prove quoad datam; and notwithstanding it was likewise replied, That they could not be sustained by way of exception, but by intenting reduction.
