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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Gordon v - . [1579] Mor 9369 (10 May 1579)
URL: http://www.bailii.org/scot/cases/ScotCS/1579/Mor2209369-019.html
Cite as: [1579] Mor 9369

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[1579] Mor 9369      

Subject_1 OATH.
Subject_2 DIVISION I.

Oath in litem.
Subject_3 SECT. VII.

Where the Oath in litem ought to be taxed.

Gordon
v.
-

Date: 10 May 1579
Case No. No 19.

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In the action of spuilzie betwixt one Gordon of B. on the one part, and —— on the other part, the spuilzie being proved, it was found by the Lords, that albeit conform to the practice of long time used of before, the quantity should be referred to the parties' oath, yet the Lords thought they would alter the same, and follow the common law, both civil and canon, C. Unde vi L. 9. et tit. D. De in litem jurando, sed scire oportet, that the oath should be taken cum taxatione judicis, and that the Lords might, if it were in victual and profits, modify the prices.

Fol. Dic. v. 2. p. 10. Colvil, MS. p. 269.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1579/Mor2209369-019.html