Scottish Court of Session Decisions

Subject_1 PRESUMPTION.
Subject_2 DIVISION IV.

Novatio non præsumitur.

Row
v.
Bruce, (Monro)

Date: 23 December 1703
Case No. No 194.

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An heiress, to secure a tailzie in favour of her two sisters, having, by a clause therein, obliged herself not to contract debt without the consent of two interdictors therein named, and thereafter marrying, and, with consent of her husband and the interdictors, making another bond of tailzie in the terms of the former, and only assuming her husband into the conjunct fee and liferent with herself, but without repeating the clause of interdiction, and thereafter contracting an heritable debt on the estate, the Lords, in a poinding of the ground at the instance of the creditor, wherein compearance was made for the presumptive heir of tailzie, and also for the interdictors, who had not consented to the bond, sustained the interdiction as valid; and found, that the second tailzie was not a novation of the first; and, therefore, reduced the debt, as being contracted after the interdiction.

Fol. Dic. v. 2. p. 150. Fountainhall.

*** This case is No 40. p. 7162. voce Interdiction.