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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Robertson v Buchannan. [1663] Mor 11657 (14 February 1663)
URL: http://www.bailii.org/scot/cases/ScotCS/1663/Mor2711657-322.html
Cite as: [1663] Mor 11657

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[1663] Mor 11657      
Subject_1 PRESUMPTION.
Subject_2 DIVISION XVI.

Other Presumptions.

Robertson
 v.
Buchannan

Date: 14 February 1663
Case No. No 322.

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Robertson pursues Buchannan to repay to him a sum of money; who alleged, That his bond bearing to pay this charger, or to Arthur Buchannan, his brother, it is alternative, et electio est debitoris, and he has compensation against Arthur, which is equivalent as if he had paid him.

The Lords repelled this allegeance; and found, that the charger being deliverer of the money, and now haver of the bond, it could import no more but that the other brother was adjected for the charger's behoof, and that there is no option to the debtor in such cases.

 Stair, v. 1. p. 179.

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/1663/Mor2711657-322.html