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Scottish Court of Session Decisions

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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Oliphant v Kerr. [1627] Mor 9391 (13 March 1627)
URL: https://www.bailii.org/scot/cases/ScotCS/1627/Mor2209391-004.html

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[1627] Mor 9391      

Subject_1 OATH of PARTY.
Subject_2 SECT. I.

In what Cases admitted.

Oliphant
v.
Kerr

Date: 13 March 1627
Case No. No 4.

Click here to view a pdf copy of this documet : PDF Copy

An executor-testamentar takes another assignee to a certain debt owing to the defunct. The assignee pursues the assignee's debtor, and refers the verity to the defender's oath. The defender refers the same back again to the pursuer's oath, who being but assignee, gave oath, according to his knowledge, the debt was true; which the Lords would not allow; but ordained the defender's oath to be taken.

Auchinleck, MS. p. 143.

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


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URL: https://www.bailii.org/scot/cases/ScotCS/1627/Mor2209391-004.html