Hartley v. Hartley

1. Where money is paid on the debt of another by a person who is under no legal or moral obligation to pay the debt, and he does not do so at the instance, request, or consent of the debtor, and the debtor does not ratify his act as one done in his behalf, or does not otherwise become liable therefor, it is a voluntary payment, and the person making the payment can not recover from the debtor. This is particularly true where the parties are near relatives, as where the person making the payment is the mother of the debtor. Under such circumstances there is a presumption, although it is…