[1611] Mor 11462
Subject_1 PRESUMPTION.
Subject_2 DIVISION III. Donatio non pręsumitur.
Subject_3 SECT. V. Deeds in favour of a Wife or Children, whether presumed in satisfaction of Debts due to him.
Date: Common Seal
v.
Trail
25 January 1611
Case No.No 138.
In conformity with the above.
Click here to view a pdf copy of this documet : PDF Copy
A man being bound by contract of marriage to bestow a sum of money upon land or annualrent to his wife in liferent, and thereafter conquest an house to himself and her in conjunct-fee; albeit that infeftment make no relation to the contract of marriage, yet it will be interpret to satisfy the same pro tanto, not according to the price which he gave for the heritage, but as the yearly mail and duty of it may correspond to the profit of the principal sum of the wife's tocher-good, at the annualrent of ten for the hundred.
*** In conformity to the above were decided the cases Muirhead against Daniston, No 360. p. 6152. voce Husband and Wife; and Blair against Hamilton, No 325. p. 6110. Ibidem.
The electronic version of the text was provided by the Scottish Council of Law Reporting