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Deeds in favour of a Wife or Children, whether presumed in satisfaction of Debts due to him.
Schaw v. Straiton
1683.
February. Case No. No 142.
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A son having pursued his mother as executor to his father, her defence was, That she acquired a comprising in the pursuer's name by her own means, which should be imputed in satisfaction, seeing debitor non præsumitur donate; and the pursuer made use of and assigned the apprising.
The Lords sustained the defence for the mother; though the pursuer contended, That it was presumeable she acquired the apprising in his name ex pietate materna; and here the apprising being assigned by a third party, bearing the mother to have purchased it with her means, there was no occasion from hence to know she procured it to pay the debt, or for love and favour, and now she is dead.
Fol. Dic. v. 2. p. 144. Harcarse, (Executry.) No 450. p. 123.
