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URL: http://www.bailii.org/scot/cases/ScotCS/1688/Mor2711479-156.html

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[1688] Mor 11479      
Subject_1 PRESUMPTION.
Subject_2 DIVISION III.

Donatio non pręsumitur.
Subject_3 SECT. VI

Tocher granted in a Contract of Marriage how far presumed in Satisfaction of former Provisions.

Ayton of Inchderny
 v.
Napier

Date: 28 January 1688
Case No. No 156.

Found again in conformity with Cockburn against Cambusnethan.

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A Father gives a bond of provision to his daughter; the brother retires it, and gives his own bond; afterwards, in the sister's contract of marriage, he binds for 4000 merks, without mentioning or relating to the said bond. The debate was, if he was liable in both? The Lords found it came in place of his bond, and must be interpreted in satisfaction thereof.

 Fol. Dic. V. 2. p. 146. Fountainhall, v. 1. p. 495.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

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URL: http://www.bailii.org/scot/cases/ScotCS/1688/Mor2711479-156.html