Scottish Court of Session Decisions

Subject_1 PRESUMPTION.
Subject_2 DIVISION V.

Payment being made, who understood to have advanced the Money.

Gordon of Gartie
v.
Sutherland of Kinminnity

Date: 29 January 1731
Case No. No 210.

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An heir of entail having, after the decease of the maker of entail, borrowed money, and having also paid the defunct's debts, the Lords presumed, that the debts were paid out of the borrowed money, and therefore found, that the borrowed money was a burden upon the entailed estate. Against this a contrary presumption was urged, That if the money had been advanced to pay the tailzier's debts, the creditor would not have failed to take an assignation to these debts for his security, which he not having done, the presumption ought to lie against him. See Appendix.

Fol. Dic. v. 2. p. 152.