BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Hector Acheson v Euphame Herring. [1636] Mor 12275 (5 February 1636)
URL: http://www.bailii.org/scot/cases/ScotCS/1636/Mor2912275-026.html Cite as:
[1636] Mor 12275
Click here to view a pdf copy of this documet : PDF Copy
Umquhile Thomas Hamilton in Leith, and Euphame Herring his spouse, gave bond to Hector Acheson in the Pans, for payment to him of L. 120 for some ale that the said Hector had furnished to them. After Thomas's death, Hector pursues his relict to make payment conform to her bond. Alleged, The bond was null quoad qam, as being given by her stante matrimonio. Replied, He offered to prove, that she had promised to pay the same since her husband's decease. The defender contended, That her promise was only probable by writ or oath, the matter being of importance, above L. 100, and likewise tending to make a bond null in law effectual against her. The Lords notwithstanding found it probable prout de jure.
Fol. Dic. v. 2. p. 216. Spottiswood, (Probation.) p. 244.
