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Scottish Court of Session Decisions >>
The Creditors of Coxton v Duff. [1719] Mor 10244 (00 July 1719)
URL: http://www.bailii.org/scot/cases/ScotCS/1719/Mor2410244-063.html Cite as:
[1719] Mor 10244
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A disposition of lands being granted, with and under the burden of the payment of all the lawful debts; it was contended, that this was only a personal clause, burdening the accepter of the disposition, with payment of the debts, but not designed to make a real burden upon the lands. Answered, It is not presumed of any disponer, that he intends different things, when he says, with the burden of debts, and with the burden of payment of debts; it is not disputed, but the first makes a real burden, and so must the other. The Lords found it a real burden. See Appendix.
