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Scottish Court of Session Decisions


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URL: http://www.bailii.org/scot/cases/ScotCS/1628/Brn010253-0613.html

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[1628] 1 Brn 253      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.

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v.
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Date: 13 March 1628

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

A pursuit being intented upon a writ, the defender alleged a new transaction, which was first referred to the pursuer's oath; and he being willing to depone, the defender resiled, and alleged he might prove his exception prout de jure. The Lords suffered the defender to resile; but ordained him to prove the transaction by writ, and no otherwise, seeing he had resiled from the pursuer's oath.

Page 152.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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