Deeds in favour of a Wife or Children, whether presumed in satisfaction of Debts due to him.
Mr Robert Selkirk v. Catharine Inglis
Date: 2 February 1686 Case No. No 144.
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Robert Selkirk, who, in his contract of marriage, provided, That 3000 merks should return to his wife, failing children, stante matrimonio, provided her to 6000 merks, in case of no children; and thereafter took bonds for several sums, payable to him and her, and the longest liver, and to the bairns, &c.; which failing, to her heirs and assignees. The wife having claimed the 6000 merks bond, and also the sums in the other bonds, by virtue of the substitution, it was alleged for the heir and nearest of kin, That debitor non præsumitur donare.
Answered; That brocard holds not between a husband and his wife.
The Lords sustained the brocard, and found the substitution in the other bonds was in implement of the 6000 merks.
Fol. Dic. v. 2. p. 146. Harcarse, (Bonds.) No 209. p. 47.
