What is DEBITOR NON PRSESUMITUR 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, Eq. 212. Where a debtor gives
money or goods, or grants land 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. 3, 3, 93.

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