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Scottish Court of Session Decisions >>
Gordon v Major Maitland. [1757] Mor 11453 (1 December 1757)
URL: http://www.bailii.org/scot/cases/ScotCS/1757/Mor2711453-124.html Cite as:
[1757] Mor 11453
Deeds in favour of Children or near Relations, whether presumed in satisfaction of former revocable settlements?
Gordon v. Major Maitland
Date: 1 December 1757 Case No. No 124.
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A Brother pleaded, That no interest was due to his sisters upon their bonds of provision, as they had lived in family with him, and had been alimented by him, nam debitor non præsumitur donare.—The Lords found, that their aliment was to be deducted from the interest of their bonds; and they modified the said aliment to two-thirds of the current annualrents of their provisions.
Fol. Dic. v. 4. p. 121. Fac. Col.
*** This case is No 359. p. 11161. voce Prescription.
