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Scottish Court of Session Decisions >>
Wardlaw v Wardlaw. [1607] Mor 7153 (28 February 1607)
URL: http://www.bailii.org/scot/cases/ScotCS/1607/Mor1707153-028.html Cite as:
[1607] Mor 7153
Interdicter may not be auctor in rem. suam. - Manner of adhibiting the Interdicter's consent. - Effect of the Death of the Interdicter.
Wardlaw v. Wardlaw
Date: 28 February 1607 Case No. No 28.
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George Wardlaw pursued Robert Wardlaw upon his obligation; he excepted the obligation was null, because it was made by him to the said George, to whom he was interdicted at the time of the making thereof. It was answered, That could not come in by exception, but behoved to be reduced. The Lords found, that, albeit an obligation, made by a person interdicted to a stranger, was not null by exception, but behoved to be reduced; yet the nullities of an obligation, made to his own interdicter, might be received by exception, because he would qualify sufficiently quod fuerat in rem versum.
