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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Alexander Dunbar v Isobel Ruthven. [1665] Mor 9409 (5 January 1665)
URL: http://www.bailii.org/scot/cases/ScotCS/1665/Mor2209409-023.html
Cite as: [1665] Mor 9409

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[1665] Mor 9409      

Subject_1 OATH of PARTY.
Subject_2 SECT. II.

Whether a Party may be required to depone super facto alieno? - Whether Oath of Party must be special?

Alexander Dunbar
v.
Isobel Ruthven

Date: 5 January 1665
Case No. No 23.

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In a case pursued by Alexander Dunbar Bailie of Inverness against Isobel Ruthven, wherein a trust of some goods and moveables standing in her father's possession was referred to her oath, and it being alleged that it was factum alienum, and she could not depone; the Lords found she ought to depone, it being libelled that the trust was consistent with her knowledge.

Fol. Dic. v. 2. p. 15. Newbyth, MS. p. 15.

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/1665/Mor2209409-023.html