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Debitor

A New Law Dictionary and Glossary · Alexander M. Burrill · 1850

A New Law Dictionary and Glossary

Lat. [from debere, to owe.] A debtor. Debitor intelligatur is a quo invito exigi pecunia potest; a debtor may be understood to be one from whom money may be exacted against his will.

Dig. 50. 16. 108.

Debitor non praesumitur donare

A debtor is not presumed to make a gift. Whatever disposition he makes of his property is supposed to be in satisfaction of his debts.

1 Kames' Equity, 212.

Where a debtor gives money or goods, or grants bond to his creditor, the natural presumption is that he means to get free from his obligation, and not to make a present, unless donation be expressed. Ersk. Inst. b.

3, tit. 3, § 93.