Scottish Court of Session Decisions
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URL: http://www.bailii.org/scot/cases/ScotCS/1764/Brn050898-1116.html
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Gala v - . [1764] 5 Brn 898 (14 June 1764) URL: http://www.bailii.org/scot/cases/ScotCS/1764/Brn050898-1116.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by JAMES BURNETT, LORD MONBODDO.
Date: Gala
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14 June 1764 Click here to view a pdf copy of this documet : PDF Copy
In this case the Lords found, that a debtor having left, by his testament, a legacy of a particular sum to his creditor, different from the sum in which he was indebted, the brocard of debitor non prœsumitur donare does not apply, and the legacy is due over and above the debt.
The electronic version of the text was provided by the Scottish Council of Law Reporting