Proving the Tenor – Presumption – Mutual Obligation – In an action by a mother against a son for proving the tenor of a deed executed by her during her husband’s life, it is found that the pursuer’s having the disposition cancelled in her hands, and never ratifying the same judicially, presumed that it was cancelled by herself.
This cancelling dissolved the obligations of a bond, granted by her husband in consideration of said disposition.
In regard the pursuer’s counsel did not deny that the cancelled deed was in her hands, and refused to give their oaths of calumny thereon, the defender is assoilzied.
[1726] UKHL Robertson – 561, (1726) Robertson 561
Bailii
Scotland
Family
Updated: 05 January 2022; Ref: scu.554226