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Scottish Court of Session Decisions >>
Ker v Ruthven. [1673] Mor 11436 (25 July 1673)
URL: http://www.bailii.org/scot/cases/ScotCS/1673/Mor2711436-108.html Cite as:
[1673] Mor 11436
Where there could be no opportunity of Paction, Donation is presumed or not according to circumstances.
Ker v. Ruthven
Date: 25 July 1673 Case No. No 108.
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The Lords found, That the estate of the Earl of Bramford being settled upon the Lord Forrester's son by act of Parliament, he could not have it but cum sua causa, and the burden of his debts.
Item, They found, That the Earl, having entertained his grandchild the pursuer, was to be presumed to have done it ex pietate avita, the Earl being a generous person, and having an opulent estate; and his grandchild having nothing for the time, but the debt in question, whereof the annualrent was provided and belonged to his brother.
