Consent not presumed, when the Deed can be ascribed to another Cause.
Crawford v. Crawford
1683.
January. Case No. No 73.
A bond of provision granted on death bed, was found homologated by a factor, in the heir's minority, paying the annualrents, which were sustained by the heir as articles of discharge after majority.
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Alexander Crawford of Keith having pursued a reduction of a bond of provision granted by the deceast Alexander Crawford, his father, to Marion. Crawford his daughter, for 3000 merks, which being granted upon death-bed, the Lords reduced the bond; but in respect one of the witnesses, who was the pursuer's factor, has deponed, that, during the time he was factor, and intromited with the pursuer's estate, he made payment to the defender of the annualrents of the said bond, and that the pursuer, since his majority, had granted the factor a general discharge of all his intromissions, which the Lords found did import an homologation of the bond; therefore, they granted him a diligence against the factor for exhibiting the discharge.
Fol. Dic. v. 1. p. 381. Sir P. Home, MS. v. 1. No 375.
