Scottish Court of Session Decisions

Subject_1 PROOF.
Subject_2 DIVISION V.

Proved, or not proved.
Subject_3 SECT. IX.

Property of Moveables. - Bargain of Moveables.

Forbes of Skellitor
v.
Dungan Shaw

1688. July.
Case No. No 630.

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A father-in-law being pursued for his daughter's tocher of 2000 merks, he proponed compensation on the delivery of certain goods and cattle, estimated to L. 400, which he offered to prove by the pursuer's oath; and the pursuer (having deponed) that these goods were gifted to him by the defender, it was objected by the defender, That the quality of gifting was extrinsic and improbable, because debitur non præsumitur donare; and the goods were of value above what is usually gifted among such persons.

The Lords sustained the quality as intrinsic; but this was afterwards stopped.

Harcarse, (Oaths.) No 748. p. 211.