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Scottish Court of Session Decisions >>
Buchanan v Buchanan. [1765] Mor 16363 (19 June 1765)
URL: http://www.bailii.org/scot/cases/ScotCS/1765/Mor3716363-292.html Cite as:
[1765] Mor 16363
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A tutor who had advanced considerable sums for his pupil, and purchased claims affecting his estate, to prevent it from being torn to pieces by diligence of creditors, having, at the distance of above forty years, brought a process of constitution of his debts against the estate, and obtained decree, the heir pursued a reduction thereof, on the grounds, That a tutor acquiring debts due by a pupil durante tutela is presumed to have acquired them out of the funds of the pupil; and that here, the tutor having never giyen an account of his intromissions, the law presumes quod intus habet. The Lords, on its being proved, that at the time of the tutor's paying those debts the estate was then so much burdened, and exhausted, that it was impossible it could have afforded the price advanced by the tutor for those debts, found, That this was sufficient to set aside the ordinary, presumptions of law.; but they found the tutor liable to account for his intromissions.
Fol. Dic. v. 4. p. 389.
*** This case is No. 342. p. 11676., voce Presumption.
