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Stilly of Chang, v Jean Kennedy, Lady Boreland, and Cochran, now her Husband. [1692] 4 Brn 31 (21 December 1692)
URL: http://www.bailii.org/scot/cases/ScotCS/1692/Brn040031-0062.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Stilly of Chang, v. Jean Kennedy, Lady Boreland, and Cochran, now her Husband
Date: 21 December 1692
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The Lords thought it a suspicious business, that they had let it lie over near forty years; and that the first bond was null, being granted by her stante matrimonio; and that the second bond, though in viduitate, was given in recenti luctu, shortly after her husband's death, and to shun a poinding, and so was elicited vi et metu: and, on the other hand, it was dangerous on such presumptions to take away clear bonds, though conceived unformally, seeing she, as intromitter with her husband's goods, might grant this second bond. Therefore they remitted to the reporter to agree the parties.
