[1726] Mor 13407
Subject_1 RECOMPENCE.
Subject_2 SECT. II. Supposing the intention of benefiting, in what cases Recompence due.
Hawthorn
v.
Urquhart
1726 .July .
Case No.No 11.
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The Lords would have found it relevant to assoilzie the defender, that the goods were gifted to him by the person who took them off for his behoof; but as donatio non prasumitur, he was found liable, in respect he could bring no evidence of the alleged donation. See Appendix.
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