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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Captain Chalmers v Sir J. Cunningham. [1735] 1 Elchies 489 (20 February 1735)
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[1735] 1 Elchies 489
Subject_1 TRUST.
Captain Chalmers
v.
Sir J Cunningham.
1735 ,Feb. 20 .
Case No.No. 3.
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The Lords first found eases were presumed where the conveyance bore in general certain sums of money, without adding equal to the sums after assigned; and that the rule of determining the extent of those eases ought to be a medium of the eases proven to have been given for debts in eodem genere, that is, equally preferable. (See No. 7.)
*** The case of Spreul Crawfurd, of 5th January 1743, here referred to, is No. 5, voce Bona et Mala Fides.
The electronic version of the text was provided by the Scottish Council of Law Reporting