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