Scottish Court of Session Decisions

Subject_1 PRESUMPTION.

Creditors of Brownlee
v.
Stevenson, &c

Date: 16 January 1735
Case No. No. 3.

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The Lords found that the narrative of an onerous cause in a deed by a husband to his wife is not per se probative without being astructed to exclude revocation. They found it presumed that the husband had intromitted with the mother in law's effects to the value of the sum in this deed, but remitted to the Ordinary to hear parties, Whether it is presumed that these fell under his jus mariti? and if they did, 2do, Whether or not the husband might not on account thereof give bis wife a remuneratory provision so as to exclude posterior creditors but not prior? 13th December 1734.—16th January 1735, The Lords adhered. 11th July 1735, The Lords found that supposing the goods fell under the jus mariti, that the donation by the husband to his wife was not revocable. This carried by the President's casting vote, renit. Newhall, Milton, Minto, Murkle, et me.