Scottish Court of Session Decisions

Subject_1 PRESUMPTION.
Subject_2 DIVISION III.

Donatio non præsumitur.
Subject_3 SECT. VII.

Where the cause of granting is expressed, that must be the rule.

Kinnaird
v.
Zeaman

Date: 17 February 1632
Case No. No 161.

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A bond, and infeftment thereupon, being granted by a husband to his wife, and mentioning only love and favour, the Lords found, that although it was never revoked, yet it ought to be understood to be granted in satisfaction of her contract of marriage pro tanto, quia debitor non prasumitur donare This, the observer of the decision says, was wrong, because the brocard only holds where there is no cause expressed of the donation, as there was here, viz. love and favour.

Fol. Dic. v. 2. p. 147. Durie.

*** This case is No 40. p. 5469.