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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Ld Ardblair v Husband. [1678] Mor 11384 (24 July 1678)
URL: http://www.bailii.org/scot/cases/ScotCS/1678/Mor2711384-042.html
Cite as: [1678] Mor 11384

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[1678] Mor 11384      

Subject_1 PRESUMPTION.
Subject_2 DIVISION II.

Payment when presumed.
Subject_3 SECT. I.

Presumption that articles claimed have been accounted upon.

Ld Ardblair
v.
Husband

Date: 24 July 1678
Case No. No 42.

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An appriser having got from his debtor a bond for the precise sum in the comprising, the defence that it must be presumed to have been given in satisfaction was repelled.

Fol. Dic. v. 2. p. 135. Fountainhall.

*** This case is No 9. p. 5030, voce General Discharge and Renunciation.

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


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