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Cite as: [1611] Mor 11382

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[1611] Mor 11382      
Subject_1 PRESUMPTION.
Subject_2 DIVISION II.

Payment when presumed.
Subject_3 SECT. I.

Presumption that articles claimed have been accounted upon.

Carnowa
 v.
Stewart

Date: 16 January 1611
Case No. No 37.

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Altho' a creditor grant a bond for a greater sum to his debtor, this will not infer a presumption that the former debt was counted upon and taken away.

 Fol. Dic. v. 2. p. 135. Haddington.

*** This case is No 48. p. 2600, voce Compensation—Retention.

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

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URL: http://www.bailii.org/scot/cases/ScotCS/1611/Mor2711382-037.html