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Spence v Wilson. [1751] Mor 14418 (20 February 1751)
URL: http://www.bailii.org/scot/cases/ScotCS/1751/Mor3314418-054.html Cite as:
[1751] Mor 14418
Subject_1 SERVICE AND CONFIRMATION. Subject_2 SECT. VIII.
Confirmation necessary to establish a right to the Dead's Part in the nearest of Kin. - A Bond of Corroboration obtained by the nearest of Kin supersedes Confirmation. - Heir of a Marriage may without Service challenge Deeds contrary to the Contract of Marriage.
Spence v. Wilson
Date: 20 February 1751 Case No. No. 54.
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As the nearest of kin obtaining possession of moveables needs not confirm, so a debtor voluntarily paying to the nearest in kin, will be effectually discharged by him, though the nearest in kin have not confirmed the debt; but it was questioned, if a bond of corroboration obtained by the nearest in kin superseded the necessity of confirmation. The Lords found, That it did; upon the answer made, That if the nearest in kin could take payment and discharge, he could certainly give up the old bond, and take a new one from the debtor; and if so, there could be no reason why a corroboration should not have the same effect to establish the debt in his person; which, in respect of circumstances, it might be reasonable for him to take rather then give up the old bond.
Fol. Dic. v. 4. p. 271. D. Falconer, Kilkerran.
*** This case is No. 39. p. 14399.
*** A similar judgment was pronounced in the case Watson against Marshall, No. 66. p. 7009. voce Inhibition.
