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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Alex. Monteith v Catharine Smith. [1624] Mor 12477 (19 June 1624)
URL: http://www.bailii.org/scot/cases/ScotCS/1624/Mor2912477-323.html
Cite as: [1624] Mor 12477

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[1624] Mor 12477      
Subject_1 PROOF.
Subject_2 DIVISION II.

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

Administrator's Oath, if relevant against his Constituent?

Alex Monteith
 v.
Catharine Smith

Date: 19 June 1624
Case No. No 323.

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An executor being summoned to make arrested goods forthcoming, the pursuer must prove his summons otherwise than by the executor's oath, because he will get no exoneration as executor of any debt confessed owing by his own oath.

 Fol. Dic. v. 2. p. 238. Spotiswood, (Executors.) p. 113.

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/1624/Mor2912477-323.html