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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Lord Balmerino v Ld Lochinvar. [1627] Mor 12462 (2 February 1627)
URL: http://www.bailii.org/scot/cases/ScotCS/1627/Mor2912462-304.html
Cite as: [1627] Mor 12462

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[1627] Mor 12462      
Subject_1 PROOF.
Subject_2 DIVISION II.

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

Oath of the Debtor, if good against his Creditors?

Lord Balmerino
 v.
Ld Lochinvar

Date: 2 February 1627
Case No. No 304.

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A cautioner in loosing of arrestment being pursued for payment of the debt after it was constituted against the principal debtor, the oath of the person in whose hand the arrestment had been laid was found a good proof of what he was owing to the common debtor at the time of the arrestment, in order to make the defender liable for the same.

 Fol. Dic. v. 2. p. 237. Durie.

*** This case is No 126. p. 789, voce Arrestment.

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/1627/Mor2912462-304.html