Scottish Court of Session Decisions

Subject_1 PRESUMPTION.
Subject_2 DIVISION III.

Donatio non præsumitur.
Subject_3 SECT. V.

Deeds in favour of a Wife or Children, whether presumed in satisfaction of Debts due to him.

Davidson
v.
Rendal

Date: 25 June 1706
Case No. No 145.

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A party in his contract of a second marriage having provided a certain sum to the children thereof, and long thereafter giving a bond of provision to the only child that existed of that marriage; the Lords, in a reduction of an adjudication led for both the sums, found, That the last bond was in implement of the contract of marriage, and that they were not both due, and therefore restricted the adjudication to one of the sums and its annualrents.

Fol. Dic. v. 2. p. 144. Fountainhall.

*** This case is No 37. p. 6966.