Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
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In November, 1676, one having charged on a liquid bond, it was suspended on this reason, that the charger above his annualrent had received stones of cheese, which behoved either to be usury, which is not to be presumed, being a crime, or must be ascribed to defalk of the principal. 2do, Cheese is not liquid, nor commutable with money, and so not compensable, since all compensations must be, by 141 act of Parliament 1592, de liquido in liquidum. Answered, The cheese was gifted, and nothing spoke of at the time to signify in the least that it was in part of payment. Replied, He must prove it was a donation; for debtor non presumitur donare. The Lords allowed the cheese, its price being presently liquidated and constituted to compense the clear liquid bond.
