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Robert Borthwick v John Livingston. [1684] Mor 12980 (00 March 1684)
URL: http://www.bailii.org/scot/cases/ScotCS/1684/Mor3012980-106.html Cite as:
[1684] Mor 12980
Subject_1 PROVISION to HEIRS and CHILDREN. Subject_2 SECT. XIII.
What understood to be sufficient implement.
Robert Borthwick v. John Livingston
1684.
March. Case No. No 106.
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A father, who was debtor to his daughter in 1000 merks, which fell to her by her mother's decease, having afterwards, in her contract of marriage, obliged himself to pay a greater sum in tocher;
The Lords found, that the father was not obliged to pay both the 1000 merks and the tocher, because debitor non præsumitur donare, though the tocher in the contract was accepted only in satisfaction of what the daughter might succeed to by the death of her father, without mention of what she might claim through her mother's decease.
