Tocher stipulated by a Wife in her Contract of Marriage when presumed paid.
Brotherstons v. Ogle & Orrocks
Date: 26 July 1665 Case No. No 80.
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Janet Brotherstons, by her contract of marriage, declaring, that she had in money, bonds, and goods, 4000 merks, is provided to all the conquest, and to the liferent of the whole means and moveables; she pursues her husband's heirs for implement, who alleged, Absolvitor, becaute she has not fulfilled her part of the contract, and instructs not that she delivered to her husbond 4000 merks in worth or ware. It was answered; It must be presumed that she has done it after so long a time, seeing all she had came in possession of her husband.
The Lords found the presumption not sufficient; but before answer, ordained the pursuer to condescend by witnesses, or otherwise, how she would prove, that she had that means the time of the marriage, and ordained these to be examined ex officio.
