[1665] Mor 11425
Subject_1 PRESUMPTION.
Subject_2 DIVISION III. Donatio non pręsumitur.
Subject_3 SECT. I. Aliment bestowed without Paction, when Paction might have been.
Date: Laird of Ludquharn
v.
Laird of Gight
21 July 1665
Case No.No 94.
Click here to view a pdf copy of this documet : PDF Copy
The Laird of Gight having married Ludquharn's daughter, who remained in her father's family, and brought forth a bairn to Gight, and Died; Ludquharn, the child's goodsir, kept her in his family several years and now pursues Gight for her aliment; who alleged, Absolvitor, because the pursuer never having required a promise of this aliment, nor desired the defender to take home his daughter, it must be presumed that the pursuer did it animo donandi for his own oye.
The Lords found this defence relevant, for all years preceding the intenting of this cause.
The electronic version of the text was provided by the Scottish Council of Law Reporting