BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?

No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!



BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Nisbets v Nisbet. [1726] Mor 11460 (18 January 1726)
URL: http://www.bailii.org/scot/cases/ScotCS/1726/Mor2711460-133.html
Cite as: [1726] Mor 11460

[New search] [Printable PDF version] [Help]

[1726] Mor 11460      
Subject_1 PRESUMPTION.
Subject_2 DIVISION III.

Donatio non præsumitur.
Subject_3 SECT. IV.

Deeds in favour of a Wife or Child, whether presumed in satisfaction of their legal Claims.

Nisbets
 v.
Nisbet

Date: 18 January 1726
Case No. No 133.

Click here to view a pdf copy of this documet : PDF Copy

Provisions to children in their father's contract of marriage not imputable in the legitim, because the legitim is no such debt as to make the maxim applicable, debitor non præsumitur donare; besides that the pietas paterna is the more prevailing presumption.

 Fol. Dic. v. 2. p. 143. Rem. Dec.

*** This case is No 23. p. 8181. voce Legitim.

The electronic version of the text was provided by the Scottish Council of Law Reporting     

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/scot/cases/ScotCS/1726/Mor2711460-133.html