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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> A. v B. [1617] Mor 12453 (7 January 1617)
URL: http://www.bailii.org/scot/cases/ScotCS/1617/Mor2912453-288.html
Cite as: [1617] Mor 12453

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[1617] Mor 12453      

Subject_1 PROOF.
Subject_2 DIVISION II.

Single Witness, in what cases sustained.
Subject_3 SECT. I.

Cedent's oath, if good against the Assignee.

A
v.
B

Date: 7 January 1617
Case No. No 288.

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

The Lords found a submission null, because it was subscribed only by one notary, it being about the heritable right of an acre of land; and when the truth was referred to the party's oath, the Lords would not take the oath of the cedent, in prejudice of the assignee. Item, the Lords in the same cause found a decreet null for three causes, conjunctim; 1mo, Because some of the submitters had not subscribed; 2do, Because one of the Judges had not subscribed the submission, and yet had subscribed the decreet; 3tio, That the decreet bore not that the Judges had received the parties' claims.

Fol. Dic. v. 2. p. 235. Kerse, MS. fol. 180.

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/1617/Mor2912453-288.html