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 £5, 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!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Kinnaird v Zeaman. [1632] Mor 11489 (17 February 1632)
URL: http://www.bailii.org/scot/cases/ScotCS/1632/Mor2711489-161.html Cite as:
[1632] Mor 11489
Where the cause of granting is expressed, that must be the rule.
Kinnaird v. Zeaman
Date: 17 February 1632 Case No. No 161.
Click here to view a pdf copy of this documet : PDF Copy
A bond, and infeftment thereupon, being granted by a husband to his wife, and mentioning only love and favour, the Lords found, that although it was never revoked, yet it ought to be understood to be granted in satisfaction of her contract of marriage pro tanto, quia debitor non prasumitur donare This, the observer of the decision says, was wrong, because the brocard only holds where there is no cause expressed of the donation, as there was here, viz. love and favour.
