Decisiones curiae supremae Scotiae - Practicks not dated, Alexander Bunsche contra John Mersser
No. of pages: Fol. 110r (second series):
Rubric: [{i}Heading:{/i}] Contractus sine titulo oneroso aut causa aliqua cur fiat, non debet poni in registro
Incipit:
- [{i}Full text:{/i}] Alexander Bunsche, compeirand be Mr. Edmod Hay and Oliveir Colte, his procuratours, it was allegit for the pairt of the said Alexander that the lettir pairt of the said contract (berand in effect, gif it sould hapine the said umquhile Henry nocht to have airis lawfullie gottin of his bodie, in that case the said umquhile Henry oblist him and his airis quhatsumever to mak the said Johne Mersser his air and sone adoptive to all his landis, guidis and geir quhatsumever, and to gif him dew infeftment thairupone, failzeing of his awin aris to be gottin of his awin bodie, as said is, and gif the said Johne had bene naturallie procreat and gottin of his awin bodie) is pactum contra bonos mores, et captatio mortis aliene, and pollicitatio proprie hereditatis. Quhilk is na wayis obligatour, of the commoun law, and could never have oblist the said umquhile Henrie contractor, and far les the said Alexander, his air, seing the samyn proceidis nocht ex causa onerosa for sowmes of money or ony guid deid done to the said umquhile Henry. Thairfoir nec ad implendum promissum hereditatis proprie pollicitatione quisquam astringitur, as is expresse decydit in l. Cum donationis, C. de transactionibus [C.2.4.34]. Lyk as alsua, in case the said Alexander war compellit to rander fra him all landis, guidis and geir quhilk pertinit to the said umquhile Henry, aditio hereditatis sould be altogidder damnosa. And albeit ane man in his awin lyftyme mycht have infeft quhatsumever persone or personis he plesit in his heretage, zit he could nocht have bene obleist thairto, nor zit his air, nor successour, bot of thair awin fre will. And thairfoir the said contract and last pairt thairof, tuiching the successioun of the said umquhile Henry, failzeing of airis gottin of his bodie, berand as said is, aucht nocht to be registrat nor have ony executioun. Quhilk allegeance ... of the Lordis
Explicit:
- was fund relivant be the Lordis, to stay the executioun of the Lordis
