A Compendium of the Law of Evidence

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Rep. 166. Vide Thompsons. Davenport el al, ibid. LGl.
A payment ought, in the first instance, to be applied to the discharge of the in- terest accrued, and if a balance of payments remains due, then to deduct it from the principal. A^orth v. JMallett, 2 Hay~. V. Rep. 151. Frazier v. Ilyland, I Har. & Johns. Rep. 98. Tracy v. IVikoff, 1 Dall. Rep. 124.
If the debtor is indebted on mortgage or bond, and simple contract, and when he makes a payment, should neglect to apply it, the law will make ap
...plication of it in the way most advantageous to the debtor, that is to the mortgage or bond. Givinn et itx. V. TVhitaker''s adms. I Har. £J Johns. Rep. 751.
If neither debtor, nor creditor, has made the application of the payments, the Court will apply them to the d-bts lor which t!ie security is most precarious. Field et al. V. Holland et al. 6 Crunch's Rep. 8.
A payment for which a receipt is given to a person in his own name, is evidence of payment on his own account, and that ii was not made on account of a debt due from him and another, though there do not appear any directions to apply it to the separate .


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