Tocher stipulated by a Wife in her Contract of Marriage when presumed paid.
Colterallers v. Weirs
1685.
March. Case No. No 84.
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One having pursued the Laird of Colterallers, as executor to his Lady, for a legacy left by the defunct to the pursuer; alleged for the defender, That there were 4000 merks of the tocher contracted by the defunct still unpaid, which debt must be satisfied before any legacy can be claimed.
Answered for the pursuer; That law presumes that was paid, seeing the marriage stood seven or eight years, and the defunct had an opulent estate in goods and money.
Replied; The defender knowing that his wife had the subject of the executry, he was the less careful to get payment of what he wanted; and he is willing to make faith, that so much of the tocher remained unpaid at her death.
The Lords sustained the allegeance and reply made for the defender, he giving his oath, &c.
Fol. Dic. v. 2. p. 139. Harcarse, (Contracts of Marr.) No 373. p. 96.
