1) could this be a mego?
2) does TOVEA mean only if the borrower was also in tte midbar?
avi berger, PASSAIC
The Malveh can demand money back from the Loveh anywhere (but only if the Loveh is in the Midbar and with sufficient money to give back and still have enough to reach the Yishuv - Shach 74:1 ). Rashi says since he has the upper hand and no specific object is owed (as opposed to a deposit or lost item which can only be demanded in its place) Migo doesn't apply here - there are no court claims to believe here.
All the best,
Reuven Weiner