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URL: http://www.bailii.org/scot/cases/ScotCS/1757/Mor2711453-124.html
Cite as: [1757] Mor 11453

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[1757] Mor 11453      
Subject_1 PRESUMPTION.
Subject_2 DIVISION III.

Donatio non pręsumitur.
Subject_3 SECT. III.

Deeds in favour of Children or near Relations, whether presumed in satisfaction of former revocable settlements?

Gordon
 v.
Major Maitland

Date: 1 December 1757
Case No. No 124.

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A Brother pleaded, That no interest was due to his sisters upon their bonds of provision, as they had lived in family with him, and had been alimented by him, nam debitor non præsumitur donare.—The Lords found, that their aliment was to be deducted from the interest of their bonds; and they modified the said aliment to two-thirds of the current annualrents of their provisions.

 Fol. Dic. v. 4. p. 121. Fac. Col.

*** This case is No 359. p. 11161. voce Prescription.

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/1757/Mor2711453-124.html