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Scottish Court of Session Decisions >>
Janet Jack v The Marquis of Douglas. [1681] 3 Brn 386 (11 January 1681)
URL: http://www.bailii.org/scot/cases/ScotCS/1681/Brn030386-0530.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Janet Jack v. The Marquis of Douglas
Date: 11 January 1681
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Janet Jack having charged the Marquis of Douglas on his bond for 50,000 merks; he suspends, that it was granted ob turpem adulterii causam, and without all onerous causes.
The Lords ordained her to depone on the onerosity of the cause for which it was granted. Law says, ubi utrisque versatur turpitudo potior est conditio possidentis. But, upon a representation by the Marquis, who was unwilling that her oath should be taken on it, the Lords inclined to examine the witnesses in the bond what were the onerous causes thereof.
