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Scottish Court of Session Decisions >>
James Chapman v - Chapman. [1694] 4 Brn 131 (24 January 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040131-0298.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
James Chapman v. - Chapman
Date: 24 January 1694
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James Chapman against his brother of the second marriage, for reduction of a discharge he had given his father, of his mother's contract of marriage, on fraud and force; that, being in prison for 100 merks, his father offered to liberate him, if he would grant him that discharge; and that, being in the hands of a parent, he would only use it as a check; if not, he would let him rot in prison. Answered,—That his discharge, bearing sums of money, could not be taken away by witnesses, especially the father being now dead, and he silent during all his life. The Lords, upon report, found the presumptions strong; and therefore, before answer, allowed the writer and witnesses to be examined,—what was the onerous cause of the discharge,—and what was the communing then,—and if the father used either threatenings or promises. As also, allowed the defenders to astruct the discharge, and adminiculate its onerous causes as they shall think fit.
