Scottish Court of Session Decisions

Subject_1 PRESUMPTION.
Subject_2 DIVISION III.

Donatio non præsumitur.
Subject_3 SECT. II.

Where there could be no opportunity of Paction, Donation is presumed or not according to circumstances.

Creditors of Kimmergbame
v.
Hume

1731. February.
Case No. No 112.

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A Creditor in an heritable bond of L. 8000 Scots assigned the same to his debtor's daughter in familia with her father, the father having died bankrupt In a competition between the young Lady and the personal creditors of the defunct, she was ranked, not only for her principal sum, but also for her bygone annualrents, which were found due, notwithstanding of the aliment bestowed upon her by her father in her minority; and the maxim, debitor non præsumitur donare, was not found to take place, in respect, 1mo, The bond did not come from the father; 2do, The pietas paterna; 3tio, That in his accounts, or any other way, he never expressed an intention to aliment her out of these annualrents. (See Appendix.)

Fol. Dic. v. 2. p. 142.