Deeds in favour of a Wife or Children, whether presumed in satisfaction of Debts due to him.
Kyle v. Logan
Date: 15 February 1594 Case No. No 137.
Deeds granted in favour of a wife are, in general, presumed to be in implement of claims upon her contract of marriage.
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Ane auld man called Kyle pursued ane woman called Elspeth Logan in Restalrig, to infeft him in twa acres of land in Restalrig, conform to an obligation made to him be her father, to whom she was aire. It was alleged be the defender, That she aucht to be assoilzied, because her said umquhil father, within twa months after the date of the said obligation, infeft this pursuer in twa acres of his lands in Restalrig, and sua behoved to be interpret in duriorem sortem, and to have been done for implement of the said obligation, unless the pursuer were able to verify another cause thereof; whilk allegeance the Lords fand relevant, albeit the infeftment had na relation to the said obligation.
