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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Andrew Spreull v Spreull Crawford. [1743] 1 Elchies 69 (5 January 1743)
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Cite as: [1743] 1 Elchies 69
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[1743] 1 Elchies 69
Subject_1 BONA ET MALA FIDES - BONA FIDE PAYMENT.
Andrew Spreull
v.
Spreull Crawford
1743 ,Jan. 5 .
Case No.No. 5.
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Though in this case the defender was found accountable as representing his father as trustee, from circumstances, yet because he did not know the trust, and the Court not unanimous either as to the trust, we sustained his defence of bona fides against repetition till the interlocutor finding the trust, but that notwithstanding so far as he was creditor, he must impute in payment of his debts. We gave the like judgment as had been given some years ago in Sir James Cunningham's case, where the conveyance to the trustee bore in general certain sums of money, and no evidence offered that the sum was truly paid,—that an ease is presumed, and that it ought to be rated at a medium of the proved eases of other debts. 17th. February adhered, principally on account of the transaction 1717; multum renitentibus President, Drummore, et me.
The electronic version of the text was provided by the Scottish Council of Law Reporting